PERSONS AND FAMILY RELATIONS

• Laws shall take effect fifteen days following the

completion of their publication in the Official
Gazette or in a newspaper of general circulation,
unless it is otherwise provided – FALSE. Laws
shall take effect AFTER 15 days following their
complete publication
• A tax law is generally retroactive in application –
FALSE. Tax laws are NOT generally retroactive
• When the laws speaks of years, it shall be
understood that years are of 365 days each –
FALSE. It is not understood to mean 12 calendar
months (Sec. 31, Admin Code of 1987)
• Article 16 of the CC defines the renvoi doctrine –
FALSE. Lex Rae Sitae
• In no case may a person without fault or
negligence be liable for indemnity resulting from
the damage of another’s property – FALSE.
DamnumAbsqueInjuria (ABS-CBN vs. Republic
Broadcasting)
• An insane person is exempt from all obligations
because of his incapacity – FALSE. Insanity is a
mere restriction on a person’s capacity to act,
hence an insane person may be liable for acts
made during a lucid interval
• A married woman is qualified for all acts of civil life
without exceptions - TRUE
• The judicial declaration of absent shall not take
effect until a year after its publication in a
newspaper of general circulation – FALSE.
 Judgment of the court in a summary proceeding
declaring the absence of the spouse shall be
immediately final and executor (Republic vs.
Tango)
• The administration over the property of an
absentee may not cease at the instance of a third
party claiming ownership of the said property -
FALSE
• A law to take effect immediately upon signing by
the President is void – FALSE publication is still
required for the law to take effect
• Senate rules on the conduct of public hearing in
aid of legislation must be published to be valid –
TRUE (Honasan Case)
• An ordinance passed by Muntinlupa City must be
published in accordance with Article 2 of the CC –
FALSE (The LGC will apply)
• The rules of procedure in the conduct of
administrative proceedings against erring
employees of PAGCOR, a government
corporation, must be published in the official
gazette – FALSE (Procedural matters/Internal
matters)
• A law changing the name of Taft Avenue to
Benigno Avenue mentioned by the President in his
SONA with full TV and radio coverage is valid
because no publication is in fact required in this
case – FALSE (The law still requires publication)
• A law reorganizing the National
Telecommunications Comission (NTC) may be
 published through the official NTC website since it
is of particular application to said agency – FALSE
(Publication must comply with the law, a website
is not included)
• A law naturalizing AndrayBlatche to play for Gilas
Pilipinas must be published pursuant to Article 2 of
the Civil Code - TRUE
• Ignorantialegisexcusat – FALSE (Ignorantialegis
non excusat)
• There is no exception to the application of Article
3 of the Civil Code – FALSE (Foreign laws/difficult
questions of law)
• Exceptionally, Article 3 of the Civil Code also
requires ignorance of facts - FALSE
• A Bedan lawyer may invoke lack of knowledge to
avoid wavier of election between inconsistent
remedies to claim damages for a work-related
injury to a relative - FALSE
• A law amending Article 1 of the FC to allow same-
sex marriage in the PHL is a curative law - FALSE
• A penal law shall be given retroactive effect –
FALSE (Only if it is favorable ot the accused)
• Acts committed against mandatory or hortatory
laws shall be void – FALSE (Only to
mandatory/prohibitory laws and not to hortatory
laws)
• A provision in a contract of lease of a boarding
house allowing extra-judicial ejectment is valid -
FALSE
• A provision in a contact of lease in a mall allowing
temporary padlocking of the stall is valid - TRUE
• A provision in a modeling contract with FHM
requiring the model to return the fee if she
becomes pregnant within 3 months from
publication is a valid waiver - FALSE
• A repealed law is revived when the repealing law
is subsequently repealed by a third law – FALSE
Only if the first law is impliedly repealed
• International law is always supreme over domestic
law – FALSE
• In computing a period, the first day shall be
excluded and the last day included except when
the first of last day falls on a Sunday or a holiday
– FALSE what is material is if the last day is a
Sunday or holiday
• When a doctrine of the SC is overruled and a
different view is adopted, the new doctrine should
be applied prospectively unless it is favorable to
the accused - TRUE
• A common carrier allowing passengers to ride on
top of the vehicle as is customary in the place may
be exonerated from liability because a person who
had every reason and assurance to believe that he
was acting under the sanction of the strongest of
all civil forces, the custom of a people, should not
be liable - FALSE
• Parties cannot stipulate on what the law is but a
court make take judicial notice of a foreign divorce
 law when the parties so stipulate and none of them
will claim otherwise - FALSE
• One year from February 1, 2016 shall be January
31, 2017 because 2016 is a leap year – FALSE
• By estoppel. A 14-year old alien, who is a minor
under his national law, may enter in a valid
marriage contract in the PHL – FALSE
• The PHL has a practice of accepting the referral in
cases of renvoi thus applying the foreign law to the
conflicts case before it, provided that the foreign
law is not contrary to PHL public policy - FALSE
• As a general rule, divorce decrees obtained by
foreigners in other countries are recognizable in
our jurisdiction, but the res judicata effects thereof
must still be determined by our courts - FALSE
• If a third person dealing with an agent is unaware
of the limits of authority conferred by the principal
on the agent and the third person has been
deceived by the non-disclosure thereof by the
agent, the latter is liable for damages to the
principal under the provisions on human relations
- FALSE
• A mortgagee may take steps to recover the
mortgaged property to enable to enforce or protect
its foreclosure right thereon – TRUE
• An educational institution can be held liable for
damages for encouraging a student into believing
that he can survive law school – FALSE
• A wrongful advertisement in the newspaper where
the house of Doctor C in BagongPag-asa QC is
 located in Forbes Park, Makati, may fall under the
protection of Art. 26 of the NCC - TRUE
• The absolute nullity of the previous marriage in a
case pending before the RTC in Manila may pose
a prejudicial question in a bigamy case pending
before the same court – TRUE
• A law student in a sexual relationship with his male
professor has a cause of action against the latter
for damages - FALSE
• MERALCO can cut off electricity supply to a non-
paying customer – TRUE
• The court must protect an igorot entering into a
contract with a mestizo – FALSE

• Juridical capacity contemplates a dynamic

condition while capacity to act is static – FALSE
JC is static and CTA is dynamic
• Derecho is the power to demand from another a
prestation – TRUE Derecho means right
• A dog may be considered a person in view of
animals welfare laws – FALSE
• The estate of a deceased is considered a person
– TRUE
• An insane person committing rape is exempt from
all liabilities – FALSE
• A person who suffers from monomania of wealth
is incapacitated to give consent in a contract –
TRUE
• The contract of a minor is voidable in all cases –
FALSE
• A woman gave birth to a child who died 23 hours
after complete delivery. Did the child acquire
personality? – IT DEPENDS on the length of intra-
uterine life
• Civil death extinguishes civil personality – FALSE
• State the rule on survivorship
• Define marriage
• The company policy of a modeling company
making marriage a ground for termination is valid
- FALSE
• The operation of a mail-order bride business in the
PHL is unlawful even if the parties are required o
meet personally and consent to the marriage only
after counseling – TRUE
• The subsequent marriage between a woman who
rapes a man extinguishes criminal liability – TRUE
• A divorce law cannot be passed by Congress
without amendment of Article XV of the
Constitution – TRUE
• To some extent, marriage sheds some privacy of
the spouse, thus the wife can compel the husband
to show text massages in his cellphone – FALSE
• The company policy of Mercury drug requiring the
resignation of an employee who is related by
consanguinity of affinity to an officer of Watson’s
to avoid conflict of interest is valid - TRUE
• A company policy prohibiting employees from
marrying each other is valid - FALSE
• Congress may enact a valid law allowing sam-sex
marriage in the PHL - TRUE
• The same-sex marriage between a Filipino and an
American solemnized in the US is a valid marriage
- FALSE
• A marriage solemnized in 1975 between a
Stephen and the daughter of his father’s wife is
valid – FALSE
• A marriage through skype between a man in
Davao and a woman in Manila is valid because it
involves a mere irregularity in a formal requisite -
FALSE
• In the PHL, the gender of a person at birth is
immutable – TRUE
• The marriage in the PHL contracted by an alien
who underwent sex change operation may be
valid – TRUE
• An intersex individual may choose to be a she or
a he – TRUE
• A marriage solemnized by a priest and witnessed
only by a 71-year old man and a 22-year monkey
old is valid - FALSE
• A marriage between Bedan law students
solemnized by a barangay chairman may be valid
under Article 35, paragraph 2 of the FC – FALSE
• A marriage between a Japanese and a Filipino
solemnized in the PHL without the certificate of
capacity to marry under Article 21 of the FC is valid
provided a license was obtained – TRUE
• A male foreigner killing his alien husband in the
PHL commits parricide if they were married in the
country where same-sex marriage is valid – TRUE
• A marriage in articulo mortis may be solemnized
by Judge Palamos in Mindanao during a military
operation – FALSE
• Justic Bello may solemnize a marriage in articulo
mortis - BONUS
• In case of a marriage in articulo mortis, the party
at the point of death need not give his consent -
FALSE
• A marriage may be solemnized by Pope Francis in
the PHL - TRUE (BONUS)
• A marriage shall be solemnized publicly in the
chambers of the judge or in open-court, chapel or
temple, or in the office of the consul-general,
consul or vice-consul, but not at a Jollibee outlet -
FALSE
• A marriage license shall be valid in any part of the
PHL or inside the premises of a PHL consular
office abroad – TRUE
• Heirs may not file a petition for declaration of nullity
of marriage after the death of the decedent –
FALSE
• Art. 26(2) of the FC will not apply if the divorce
decree was acquired before the Filipino petitioner
was naturalized as an American citizen after a
fight with the Filipino spouse – TRUE
• A marriage between an Ilocano and a Bicolano is
valid under Article 28 even without a license –
FALSE
• Concealment of Hepatitis A, regardless of its
nature, existing at the time of the marriage is a
 valid ground for annulment of marriage – FALSE
(It must be Hepatitis B)

• The military pilot of a C-140 Phil Air Force plane

ferrying typhoon victims is authorized to solemnize
a valid marriage in articulo mortis – TRUE the
same is done in an airplane by the pilot
• Parental consent Is a requirement for the issuance
of a marriage license - TRUE
• Lack of parental consent does not affect the
validity of a marriage - FALSE
• No sum shall be collected in the nature of a fee or
a tax of any kind for the issuance of a marriage
license – FALSE there is only a fee for the same
but subject to no other fee
• A license issued by the civil registrar in violation of
an injunctive writ issued by the court is valid –
FALSE the same is only an irregularity
• A marriage solemnized in La Presa between
ethnic residents is valid even without a license
because this is allowed under RA 6766 creating
the Cordillera Autonomous Region – FALSE the
law was not ratified
• A license that was issued on the basis of a falsified
affidavit on the date of birth of a contracting party,
among others, is void. – FALSE the same is only
an irregularity
• A petitioner cannot invoke his psychological
incapacity, lack of ceremony, lack of a valid
 license, and lack of authority of the solemnizing
officer in a single petition for declaration of nullity
of marriage – FALSE the petition must include all
grounds or there will be a splitting of a cause of
action
• There is one void marriage that can be ratified -
FALSE
• Only one of the spouses may file an action for
declaration of nullity of marriage because a void
marriage can be collaterally attacked – TRUE only
the husband or the wife can file the action
• Linda who married Juan, may file for an action for
nullity of the marriage upon discovery that Juan is
the father of Pedro, her text mate, with whom she
fell in love and agreed to marry the moment the
meet. – FALSE the same is not a case of mistake
• In all cases, the psychological incapacity must be
shown to be existing at the time of the celebration
of the marriage – TRUE
• The non-performance of marital obligations may
support a claim for damages unless the
respondent is suffering from psychological
incapacity – TRUE psychological incapacity is not
consistent with bad faith
• A marriage between X and Y is void if X is the son
of Z, who is the brother of Y’s granduncle – FALSE
they are relatives in the 5th degree
• An adopted child may marry the adopted child of
his adopter’s brother – TRUE because there is no
relationship between the parties involved
• A stepchild may marry the sister of her stepmother
– TRUE
• The rule of triennial cohabitation is absolute –
FALSE the rule merely creates a presumption
• Impotency may be relative – TRUE
• A man who can have an erection ONLY by
drinking “makahiya” is impotent - FALSE
• A person who marries a lesbian may not file an
action for legal separation because of the “unclean
hands” rule – FALSE the rule does not apply
• In a marriage that is voidable for lack of parental
consent, the mother of the 23-year old husband
may seek the annulment of the marriage - FALSE
it is only the mother of the party lacking parental
consent who can file the said action
• The insane spouse may seek the annulment of her
marriage to another insane person – TRUE
• One single slap to the face can be a ground for
legal separation – TRUE (?) What if the man if
above 6 feet tall and the woman is below 4 feet, it
may be considered as an attempt on the life of the
woman
• The insistence of the husband to have dog-style
sex every other day can be a ground for legal
separation – TRUE it may fall under perversion
• Continued support given by an aggrieved husband
to an adulterous wife is condonation – TRUE
• Recrimination must refer to a common ground for
legal separation – FALSE
• A legal separation decree does not become final –
FALSE procedurally if will become final
• The wife may revert to her maiden name after a
decree of legal separation– FALSE (First meeting
TRUE because the SSS Law allows the same)
• The reconciling spouses may adopt a property
regime different from what they had prior to legal
separation – FALSE they can only revive the
former property regime
• If the benefit from a wife’s business accrued prior
to the objection of her husband, the resulting
obligation shall be enforced against the separate
property of the wife - FALSE the conjugal property
shall be liable
• We adhere to the rule of
mobiliasequnturpersonam in the Philippines -
FALSE
• A married woman is qualified for all acts of civil life
without exceptions - TRUE
• In case of a marriage in articulo mortis, the party
at the point of death may sign the marriage
certificate - TRUE
• A marriage to be solemnized by Pope Francis in
the Philippines is valid – BONUS
• The marriage shall only be solemnized publicly in
the chambers of the judge or in open court, in the
church, chapel or temple, or in the office of the
consul-general, vice-consul, as the case may be –
FALSE
• Contracting parties between the age of 21 and 23
shall be obliged to ask their parents or guardians
for advice upon the intended marriage – FALSE
• The marriage license shall be valid in any part of
the Philippines or inside the premises of the PHL
consular office abroad – TRUE
• PHL courts may take judicial notice of divorce laws
of a foreign country if none of the parties would
claim otherwise – TRUE
• Marriages between Ilocanos may be performed
validly without the necessity of a marriage license
– FALSE
• The absolute nullity of a previous marriage may
not be invoked for purposes of remarriage without
a final judgment declaring such previous marriage
void – TRUE
• Concealment of hepatitis B, regardless of its
nature, existing at the time of the marriage if a valid
ground for annulment of marriage – TRUE
• The action for annulment of marriage may be filed
by the parent of guardian of the party whose
consent was obtained through fraud – FALSE
• Children conceived or born before the judgment of
annulment or absolute nullity of marriage has
become final and executory shall be legitimate –
FALSE
• Drug addiction or habitual alcoholism of the
petitioner is a valid ground for legal separation –
FALSE
• Psychological incapacity of the petitioner is a valid
ground for a declaration of nullity of marriage –
TRUE
• A lesbian mat not petition for legal separation from
her gay husband – TRUE
• After legal separation the custody of the minor
children shall be awarded to the innocent spouse
in all cases – FALSE
• The offending spouse in an action for annulment
shall be disqualified from inheriting from the
innocent spouse by intestate and testate
succession 0 TRUE
• A void marriage under Article 36 of the FC shall be
governed by Article 148 of the same code –
FALSE
• In case of denial of a petition for legal separation,
the petitioner may appeal even without first filing a
motion for reconsideration – FALSE
• The action for annulment of marriage may be filed
by the parent or guardian of the party whose
consent was obtained through fraud – FALSE
(injured party must file)
• A monetary obligation of the decedent may be
inherited by an heir in the sense that whatever
payment made from the estate in ultimately a
payment by the heirs or distributees since the
amount of the paid claim in fact diminishes or
reduces the share that the heirs would have been
entitled to receive
 • An heir may sell his share in the inheritance after
the death of the decedent although the will has not
yet been probated
• If X was instituted as a substitute in the event Y is
incapacitated, the substitution will be valid if Y
instead repudiates his inheritance

PROPERTY

• Property of public dominion when no longer

intended for public use or for public service shall
form part of the patrimonial property of the State –
TRUE. Art. 422
• When the ring is more precious than the gem set
thereon, the gem shall be the principal and the ring
shall be the accessory applying the value test –
FALSE the value test states that the thing of
greater value shall be the principal thing
• Whenever a large tree threatens to fall in such a
way as to cause damage to the land or tenement
of the owner, he shall be obliged to fell and remove
it; and should he not do so, it shall be done at his
expense by order of the administrative authorities
– FALSE the threat of damage must be against the
land of ANOTHER or to travellers OVER A
PUBLIC or PRIVATE ROAD not when it will be
damage to the land of the owner.
• A and B are co-owners of two (2) eggs. Unless the
contrary is proved, A and B own 1 egg each. –
FALSE they both own the two eggs together
• A co-owner may bring an action for ejectment
without the consent of his co-owners – TRUE. Art.
487
• Juridical possession acquired and enjoyed in the
concept of an owner can serve as title for acquiring
dominion – FALSE. Only possession in the
concept of an owner can ripen into dominion (Art.
540)
• A possessor in good faith is entitle to the fruits
received before the possession is legally
interrupted – TRUE
• Necessary expenses shall be refunded to every
possessor who may retain the thing until he has
been reimbursed therefor – FALSE. Only the
possessor in GOOD FAITH may exercise the right
of retention (Art. 546)

• Juridical title could not be the basis of acquisitive

prescription – TRUE (Art. 1130 – The title for
prescription must be true and valid)
• The mortgagee in an equitable mortgage may
retain possession of the property pending actual
payment of the debt – FALSE (mortgagor may
retain)
• Failure of consideration in a contract of sale may
be a ground to recover the movable property from
the present possessor under Article 559 of the
Civil Code – FALSE
• A possessor in bad faith shall be liable for
deterioration or loss in every case, except if
 caused by a fortuitous event – FALSE. A
possessor is liable even if caused by fortuitous
event
• The possession of movable property acquired in
good faith is equivalent to a title of ownership –
FALSE. Generally, possession in good faith of a
movable is PRESUMED ownership. It is
equivalent ot title. (Aznar vs. Yapdiangco)

• A government recognition issued to a school

operated by a stock corporation is property - false,
incapable of appropriation
• Properties of a municipality for public use are
under the control of Congress - true
• A lot donated by a private corporation to the city of
Manila for the opening a street is patrimonial under
the street is actually constructed - false, public use
pa rin
• A possessor of a parcel of land may file an action
for forcible entry or unlawful detainer against a
party claiming to be the owner of the same - true
• An artificial lake constructed in the property of Mr.
X was destroyed by a magnitude 7 earthquake
inundating the land and damaging the plants of his
neighbor. Mr. X is liable for damages because the
owner of a property cannot make use thereof to
injure the rights of a third person - false, no
damage since it wasnt in bad faith
• The sperm of Pedro, a bulldog, extracted through
manual inducement is a natural fruit - false,
spontaneous
• Canned sardines from a cannery are fruits - false
• The compensation paid to X who executed a
mortgage over his land to secure the loan of
another person is a civil fruit - false, not income
derived from the property itself
• Article 448 may apply to an improvement
introduced by a usufructuary on a parcel of land -
false, not in good faith since usufruct have no right,
true
• The landowner may avail of demolition as a first
option under Article 448 - true
• Without exception, Article 448 applies only when a
person builds, plants or sows on the land of
another - false, according to jurisrudence
• Article 448 cannot apply where a co-owner builds
on a land owned in common - false, one owner
encroach the land of the other
• To avoid unjust enrichment, the builder in Article
448 must pay rent during the period of retention -
false, no payment of rent during period of retention
• In industrial accession, a landowner in bad faith
may not only lose his property but could even be
held liable for damages - false he cant lose his
property
• If the landowner elects to sell the land to the
builder, the price must be fixed at the market value
 at the time of taking or introduction of the
improvement of the land - false, appraisal value
• The buyer who builds on a land after an action for
annulment of the sale is a buyer in bad faith
regardless of the result of the litigation - false,
depends on the result of the litigation
• A planter in bad faith may demand reimbursement
for irrigation expenses - false, not for preservation
• A builder in bad faith may demand reimbursement
for real property taxes on the land- true, necessary
• A planter in bad faith may claim reimbursement for
litigation expenses against the landowner - false,
only necessary expenses
• The in pari delicto rule applies to industrial
accession - true
• The rule on accretion applies to lakes, non-
navigable rivers and shores - false, because not
applicable to lakes
• In no instance will the rule of accretion apply if
sedimentary deposits are accumulated because of
artificial works - false, it will apply if govt is the
party
• Uprooted trees on segregated land should be
claimed within six months - false, 2 years
• The rule on natural change in the course of a river
does not apply to navigable rivers - false, applies
to all rivers
• Islands formed through alluvion on rivers and
lakes belong to the state - false, it will depend of
the river
• Plumbatura is the adjunction of the same metals -
False, must be different metals
• Gold, united by soldering to platinum, is the
principal - false, platinum is more valuable
• Tejido shall be governed by the rules on co-
ownership - false, the owner is the creator -
specification
• In adjunction involving three or more things
belonging to different owners, there could be two
principal things - false, there could only be one
principal thing
• The owner of a diamond set on a ring may remove
the same even if the ring may suffer some injury -
true
• Sentimental value is not relevant in industrial
accession involving inherited land - true
• A fictitious contract of sale, sale by an agent
without authority, and a voidable contract of sale
are examples of cloud over title to property - false,
patently void
• Enumerate sources of co-ownership contrast,
chance, law, occupation, succession, testimentary
disposition
• All co-owners must agree to bring an action in
ejectment – FALSE. A co-owner may bring such
action without consent of the other co-owners (Art.
487)
• A co-owner may demand at any time the partition
of the property owned in common - true
• X purchased the very old Spanish house he was
renting from a friend with the intention of
demolishing it once he receives his retirement pay
and construct his dream house thereon. The
building is personal property – FALSE the house
will be considered as real property
• A concrete house on rented land is personal
property – FALSE the house is considered as real
property
• A concrete house on rented land may be the
object of a chattel mortgage - TRUE
• The house mentioned above may be auctioned as
chattel - FALSE, applicable only to parties
• A house built in the middle of the street is not
property because it is a nuisance per se and must
therefore be abated – FALSE, nuisance is not
considered to the house is still considered as
property
• The cash register of a restaurant is real property –
FALSE the same is only personal property,
incidental
• The beds of a hospital are personal property –
FALSE they are real property as things that
directly meet the needs of the industry, not
necessaey
• The machinery to be immobilized by destination
may be owned by the owner of the tenement –
TRUE
• A statute may be immobilized by destination under
paragraph 4 of Article 415 - FALSE
• Machinery placed by the lessor on rented property
for an industry operated by the lessee is real
property – TRUE
• A portable liquid container may be classified as
real property under Article 415 - TRUE
• A St. Peter’s fish in a fishpond may be donated
orally – TRUE, personal prop may be donated
orally
• A vintage care placed by Mr. X in his living room
as a permanent ornamentation may be subjected
to a writ of replevin in favor of Y – TRUE
• Without exception, the strip of land between the
high and low water marks of the sea cannot be
registered under the Torrens system – TRUE,
foreshore land
• The Roppongi lot in Japan, when no longer
intended for public service shall form part of the
patrimonial property of the PHL – False, need a
presidential decree to declare it not for public use
• A health facility acquired and operated by the City
of Manila using funds donated by Lucio Tan is
property for public use – False, for public service
not for public use
• The aircon unit of Jollibee Baguio is real property
– FALSE, not necessary
• The printing machine of a newspaper company
installed inside its building is a real property –
TRUE
• A machinery bolted on a platform at the backyard
of Mr. X is personal property – TRUE
• Exceptionally, a municipality may lease a portion
of the town plaza to raise money for charity –
FALSE, need a acting legislation
• Ownership is elastic - TRUE
• Ownership may be limited by the nature of the
property owned – TRUE
• The doctrine of self-help may apply to an
immovable property – TRUE 429
• The doctrine of state of necessity cannot be
invoked if all the elements for the application of
self-help are attendant- TRUE, self help exc in
necessity
• Without exception, Article 448 will apply only if
both parties acted in good faith – FALSE, it
includes bad faith
• An owner who does not know the exact metes and
bounds of his land cannot be a builder in good faith
– FALSE, need not to be an expert
• An accretion automatically belongs to the owner of
the land adjoining the banks of the river – TRUE
• There can be co-ownership between X and Y over
two eggs of the same size - true
• An agreement to subdivide the property
terminates co-ownership – FALSE, it doesnt
terminate
• A co-owner becomes the owner of a parcel of land
40 years after he cause the cancelation of the old
title in the names of the co-owners and the
issuance of a new one in his name even if he did
 not tell his co-owners about the cancellation –
TRUE (?) (20/10 year prohibition)
• A city cannot sell its health center medical
equipment even if purchased using patrimonial
funds – FALSE, patrimonial funds cannot be used
• X and Y are co-owners of a bird. Discuss the rights
and obligations of X and Y

WILLS

• A mutual will is void even if executed in a country

that allows joint wills
• A reciprocal will is void if it contains a
disposicioncaptatoria
• Errors in a will may be corrected after the testator’s
death
• A will written by a testator after being judicially
declared insane is void even if made during a lucid
interval
• As a rule the will must be read before the testator
and his witnesses sign the same
• If the testator delegates the signing of the will to a
representative, the latter must sign his own name
and the name of the testator
• The test of available senses provides that the
witness must sign the will within the range of a
blind testator’s other senses
• A will of only one page need not have the testator’s
marginal signature
• A will is void if the witnesses signed before the
testator subscribed his will
• The last page containing the attestation clause
only need not be numbered -false, special
formality to be numbered
• The attestation clause need not be signed by the
testator - True (witnesses only)
• The attestation clause may be in a language not
known to the testator and the witnesses - true
• The statement of the place of execution of a will
need not be indicated - true 156
• The attestation clause need not be placed at the
bottom of the will - true
• The witnesses may sign at the margin of the page
containin the attestation clause - true
• An unintentional incorrect date does not invalidate
a holographic will - true
• An interpolation in a holographic will that is not
authenticated by the testator’s full signature will
invalidate the will - false, will only invalidate
interpolation not will
• Previous dispositions in a holographic will which
were dated but not signed are validated by
subsequent dated and signed dispositions - true
• An attesting witness may use his thumb mark
instead of a signature - true 😳
• A forced heir may be a witness to the testator’s will
- true
• A revocation of a will based on a false cause will
make the will void -
• A monetary obligation of the decedent may be
inherited by an heir in the sense that whatever
payment made from the estate in ultimately a
payment by the heirs or distributees since the
amount of the paid claim in fact diminishes or
reduces the shares that the heirs would have been
entitled to receive - false,
• An heir may sell his share in the inheritance after
the death of the decedent although the will has not
yet been probated - true 😳
• If X was instituted as a substitute in the event Y is
incapacitated, the substitution will be valid if Y
instead repudiates his inheritance
• An adopted son may be preterited in the will of the
father of the adoptive father – FALSE
• The failure to state the number of pages in the
attestation clause of a will can be cured by a
statement of the number of pages in a subsequent
codicil - FALSE, must be stated elsewhere in the
will not subsequent codicil 😖
• An imperfect disinheritance may have similar
effects as preterition - TRUE
• A will was signed in the presence of an
instrumental witness even if said witness is in an
adjoining room separated by a glass wall
decorated with wallpaper all over - FALSE
• In simple substitutions, the second heir takes the
inheritance in default of the first heir by reason of
incapacity, predecease, disinheritance and
 renunciation – FALSE (disinheritance is not a
ground)
• A will is void if does not state that it is written in a
language known to the testator – FALSE
• Property acquired after the making of a will shall
pass thereby, as if the testator had possessed it at
the time of the making of the will. – FALSE.
Property acquired after the making of the will shall
only pass if it EXPRESSLY APPEARS in the will
that such was the INTENTION of the testator
• Every devise or legacy shall cover all the interest
which the testator could devise or bequeath in the
property disposed of – TRUE
• The validity of a will as to its form depends upon
the observance of the law in force at the time the
succession is opened – FALSE. It will depend
upon the law in force at the TIME IT IS MADE (Art.
795)
• A married woman may make a will without the
consent of her husband – TRUE (Art. 802)