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QUIZ 2 (50 Items with answer key)

SUCCESSION
No. of Items: 10 Items
Syllabus Coverage Reference: 2ND WEEK 807-842
Reference: Main Materials (Paras, Codal, Tsn Lectures, UST 2017) Elaborative Materials (Brb, Bqs, Jurado,
Rabuya, Ust 2013)

Subject Essay MCQ Total Items

Succession 5 Items 5 Items 10 Items
Source: Civil Reviewer Jurado [522] Basis / Doctrine: at least 3 witnesses rule; Article 811

1) In the probate of a holographic will, the will was Answer: The requirement in Article 811 of the NCC is
contested. Is the requirement for at least three (3) mandatory. The word “Shall” connote a mandatory
witnesses to explicitly declare that the signature in the order. In the case of Ajero v. CA, the Court held that
will is the genuine signature of the testator mandatory the object of the solemnities surrounding the execution
or permissive? of will is to close the door against bad faith and fraud,
to avoid substitution of wills and testaments, and to
guarantee their truth and authenticity. The laws on this
subject should be interpreted in such a way as to attain
these primordial ends. But, on the other hand, one must
not lose sight of the fact that is it no the object of the
law to restrain and curtail the exercise of the right to
make a will. (Codoy v. Calugay, GR no.123486,
August 12,1999)

Source: Civil Reviewer Jurado [524-525] Basis / Doctrine: Article 797, 798, 820

2) A) Who are qualified to act as instrumental Answer:

witnesses to the execution of a will? A) According to Article 820 of NCC, a witness to the
execution of an ordinary will must have the following
B) Who are disqualified to act as instrumental qualifications: 1) He must be of sound mind; 2) He
witnesses to the execution of a will? must be 18 years of age or more; 3) He must not be
blind, deaf or dumb; and 4) He must be able to read
C) Would a person who is qualified to make a will and write.
necessarily be qualified to be witness to the will of
another? Explain. B) According to Arts. 820 and 821 of the NCC, the
following are disqualified from being witnesses to a
will: 1) Any person not domiciled in the Philippines; 2)
Those who have been convicted of falsification of a
document, perjury or false testimony; 3) Any person
who is not of sound mind; 4) Any person who is less
than 18 years of age; 5) Any person who is blind, deaf
or dumb ; and 6) Any person who cannot read and
write.

C) A person who is qualified to make a will is not

necessarily qualified to be a witness to the will of
another. In order that a person can make a will, two (2)
Requisites are necessary. They are: First, that the
testator is at least 18 years old; and second, that he is of
a sound mind (art. 797, 798, NCC). In order that a
person can act as a witness to the will of the another,
four (4) requisites are necessary. They are: first, that he
is at least 18 years of age; second, that he is of sound
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mind; third, that he is not blind, deaf or dumb; and

fourth, that he is able to read and write (art. 820, NCC).
In addition, the law also declares the following as
disqualified from being witnesses to a will: first, any
person not domiciled in the Philippines, and second,
those who have been convicted of falsification of a
document, perjury, or false testimony (Art. 821, NCC).
It is clear, therefore, that even if a person can make a
will because he can comply with with the age and
mental requirements imposed by law, he cannot be a
witnesses to the will of another in four specific cases.
They are: 1) where he is not domiciled in the
Philippines; 2) where he had been convicted of
falsification of a document, perjury or false testimony;
3) where he is blind, deaf, or dumb; and 4) where is not
able to read, and/or write.

Source: Civil Law Reviewer Jurado [530] Basis / Doctrine: Evidence Aliunde Cannot Prove
Probate of a Will

3) The attestation clause of the will omits to state the Answer: No, evidence aliunde cannot be admitted to
testator signed in the presence of the witnesses and that prove these facts to allow the probate of the will. This
the latter signed in the presence of testator and of one has been held in some cases decided by the Supreme
another Court, notably Uy Coque v. Sioca and Gil v. Toledo.
There are three essential facts which, according to the
law, should be stated in the attestation clause. They are:
a) the number of pages upon which the will is written;
b) the fact that the testator signed the will and every
page thereof, or caused some other person to write his
name, under his express direction, in the presence of
the instrumental witnesses; and c) the fact that the
instrumental witnesses witnessed and signed the will
and all pages thereof in the presence of testator and of
one another. (art. 805, par. NCC) The omission in the
instant case go into the very essence of the attestation
clause itself. The defects therefore, are not with respect
to form or language; they are essential or substantial.
Not having the reliability of statement in the attestation
clause, oral evidence or evidence aliunde should not,
therefore, be allowed to cure such defect. Otherwise,
the attestation clause will become meaningless.

Source: Civil Law Jurado 2009 [539 ] Basis / Doctrine: Rule on Joint Wills ; Joint, Mutual
and Reciprocal ;Article 818
4) A) A and B, a married couple of French citizenship
but residents of the Philippines, went to Argentina and Answer:
there executed a joint will mutually instituting each A) The joint and mutual will executed in
other as sole heir, which will is valid according to the Argentina by A and B may be probated as
law of the state. Subsequently, they returned to the valid in the Philippines. True, Art. 818 of the
Philippines where A died. May the joint and mutual NCC prohibits two (2) or more persons from
will executed Argentina be probated as valid in the making a will jointly, or in the same
Philippines? Reasons. (1971) instrument, either for their reciprocal benefit
B) May Filipino citizens execute joint wills? or for the benefit of a third person, and Art.
C) What is a joint will? Distinguish it from mutual and 819 of the same Code extends this prohibition
reciprocal wills. to joint wills executed by Filipinos in a
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foreign country, even though authorized by

the laws of the country where they may have
been executed. But then, from the phraseology
of Art. 819 itself, there is a clear implication
that the prohibition does not apply to
foreigners and certainly, A and B are
foreigners. Therefore , the provision of the 3rd
par of art. 17 of the NCC which declares that
prohibitive laws concerning persons, their acts
or property, and those which have for their
object public order, public policy and good
customs shall not be rendered ineffective by
laws or judgments promulgated or by
determinations or conventions agreed upon in
a foreign country, cannot be applied in the
instant case. What is applicable is the 1 st par.
of the same article, which declares that forms
and solemnities of contracts, wills and other
public instruments shall be governed by the
laws of the country in which they are
executed. (article 816, NCC)
B) Whether in the Philippines or in a foreign
country, Filipino citizens are prohibited from
executing joint wills (Art. 818, 819, NCC)
This prohibition is a matter of public policy.
Joint wills may lead to the commission of
parricide. ( In re Will of Bilbao, 87 Phil 114,
Dacanay v. Florendo, 87 Phil 114)
C) A “joint” will is defined as a single
testamentary instrument which contains the
wills of two or more persons jointly executed
by them, either for their reciprocal benefit or
for the benefit of a third person. It must not be
confused with “mutual” or with “reciprocal”
wills. “Mutual” wills are wills executed
pursuant to an agreement between two or
more persons to dispose of their property in a
particular manner, each in consideration of the
other. “Reciprocal” wills are wills in which
the testators name each other as beneficiaries
under similar testamentary plans. It is clear
from these definitions that a joint will may be
either mutual or reciprocal , although it is not
necessarily so, just as mutual or reciprocal
wills may be joint if they are contained in a
single testamentary instrument.

Source: Civil Law Reviewer Jurado 2009 Basis / Doctrine: Probate of Will Rule 75 ROC;
Disallowance of Will Article 839 NCC

5) A) What is meant by the probate of wills? Answer: A) The probate of a will is a special
B) What are the grounds for the disallowance of a will? proceedings to establish the validity of a will. More
specifically, it is a special proceedings for the purpose
of proving before some competent court or tribunal
vested with authority for that purpose that the
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instrument which is offered for probate is the will and

testament of the testator; that it has been executed in
accordance with the formalities prescribed by law; and
that the testator had the necessary testamentary
capacity at the time of the execution of the will.
Section 1, Rule 75 of the Rules of Court. Allowance
necessary. Conclusive as to execution. No will shall
pass either real or personal estate unless it is proved
and allowed in the proper court. Subject to the right or
appeal, such allowance of the will shall be conclusive
as to its due execution.

B) The will shall be disallowed in any of the following

cases:
1) If the formalities required by law have not been
complied with; 2) If the testator was insane, or
otherwise mentally incapable of making will , at the
time of its execution, 3) if it was executed through
force or under duress, or influence of fear, or threat; 4)
if it was procured by undue and improper pressure and
influence, on the part of the beneficiary or of some
other person; 5) if the signature of the testator was
procured by fraud; 6) if the testator acted by mistake or
did not intend that the instrument he signed should be
his will at the time of affixing his signature thereto.
(Art. 839, NCC).

Source: New Civil Code of the Philippines; Succession Basis / Doctrine: Institution of Heir; Article 840

6) It is an act by virtue of which a testator designates Answer: B) Institution of Heir

in his will the person or persons who are to succeed Article 840. Institution of heir is an act by virtue of
him in his property and transmissible rights and which a testator designates in his will the person or
obligations. persons who are to succeed him in his property and
A) Will Making transmissible rights and obligations. (n)
B) Institution of Heir
C) Testamentary Disposition

Source: New Civil Code of the Philippines, Succession Basis / Doctrine: Disqualification Required For
Witnesses;
7) The following are disqualified from being a witness
to a will, except: Answer: A) Any person not domiciled in the
A) Any person not domiciled in the Philippines; Philippines; Those who have not been convicted of
Those who have not been convicted of falsification of a falsification of a document, perjury, or false testimony;
document, perjury, or false testimony;
B) Any person not domiciled in the Philippines; Article 821. The following are disqualified from being
Those who have not been convicted of falsification of a witnesses to a will:
document, perjury, or false testimony; (1) Any person not domiciled in the Philippines;
(2) Those who have been convicted of falsification of a
document, perjury or false testimony. (n)

Source: New Civil Code of the Philippines, Succession Basis / Doctrine: Revocability of Will

8) A will may be revoked by the testator at any time Answer: B) Void. Article 828. A will may be revoked
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before his death. Any waiver or restriction of this right by the testator at any time before his death. Any waiver
is? or restriction of this right is void. (737a)
A) Valid
B) Void
C) Revocable

Source: New Civil Code of the Philippines, Succession Basis / Doctrine: Exclusive Grounds for Disallowance
of Will

9) The will is disallowed in any of the following cases

except: Answer: B) 839 of the NCC. The will shall be
A) If it was executed through force, or under duress, or disallowed in any of the following cases:
the influence of fear or fraud; (1) If the formalities required by law have not been
B) If the formalities required by law have not been complied with;
complied with (2) If the testator was insane, or otherwise mentally
C) If the signature of the testator was procured by incapable of making a will, at the time of its execution;
threats; (3) If it was executed through force or under duress, or
the influence of fear, or threats;
(4) If it was procured by undue and improper pressure
and influence, on the part of the beneficiary or of some
other person;
(5) If the signature of the testator was procured by
fraud;
(6) If the testator acted by mistake or did not intend
that the instrument he signed should be his will at the
time of affixing his signature thereto. (n)

Source: New Civil Code of the Philippines, Succession Basis / Doctrine:

10) In case of any insertion, cancellation, erasure or

alteration in a holographic will, the testator must Answer: C) article 814
authenticate the same by ? Article 814. In case of any insertion, cancellation,
erasure or alteration in a holographic will, the testator
A) Notarizing it as Public Instrument must authenticate the same by his full signature. (n)
B) Acknowledging it before a notary public
C) his full Signature.

PARTNERSHIP, AGENCY AND TRUSTEE

No. of Items: 10 Items
Syllabus Coverage Reference: 2ND WEEK 1790-1825
Reference: Main (De Leon, Codal, Tsn Lectures, UST 2017) Elaborative Materials (Brb, Bqs, Jurado, Rabuya, Ust
2013)

Subject Essay MCQ Total Items

Partnership 5 Items 5 Items 10 Items
Source: Quamto Civil Law 2017 [73] Basis/ Doctrine:

1) Joe and Rudy formed a partnership to operate a car Answer:

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repair shop in Quezon City. Joe provided the capital Joe, the capitalist partner, may engage in the restaurant
while Rudy contributed his labor and industry. On one business because it is not the same kind of business the
side of their shop, Joe opened and operated a coffee partnership is engaged in. On the other hand, Rudy
shop, while on the other side, Rudy put up a car may not engage in any other business unless their
accessories store. May they engage in such separate partnership expressly permits him to do so because as
businesses? Why? (2001 Bar) an industrial partner he has to devote his full time to
the business of the partnership. (Art. 1789)
Source: Quamto Civil Law 2017 Basis/ Doctrine: Rights and Obligations of Partners
Among Themselves

2) W,X,Y and Z organized a general partnership with

W and X as industrial partners and Y and Z as Answer:
capitalist partners. Y contributed P 50,000 and Z A should be hired as Secretary. The decision for the
contributed P 20,000 to the common fund. By an hiring of A prevails because it is an act of
unanimous vote of the partners, W and X were administration which can be performed by the duly
appointed managing partners, without any specification appointed managing partners, W and X.
of their respective powers and duties.
A applied for the position of Secretary of B applied for B cannot be hired, because in case of a tie in the
the position of Accountant of the partnership. decision of the managing partners, the deadlock must
The hiring of a was decided upon by W and X, but was be decided by the partners owning the controlling
opposed by Y and Z. interest. In this case, the opposition of X and Y prevails
The hiring of B was decided upon by W and Z nit was because Y owns the controlling interest.(1801, Civil
opposed by X and Y. Who of the applicants should be Code)
hired by the partnership? Explain and give your
reasons.
Source: Quamto Civil Law 2017 Basis/Doctrine: Effect of Assignment of Partner’s
Whole Interest in Partnership

3) Dielle, Karlo and Una are general partners in a Answer:

merchandising firm. Having contributed equal amounts 1. No, a conveyance by a partner of his whole
to the capital , they also agree on equal distribution of interest in a partnership does not of itself
whatever net profits is realized per fiscal period. After dissolve the partnership in the absence of an
two years of operation, however, Una conveys her agreement. (Art. 1813)
whole interest in the partnership to Justine, without the 2. Justine cannot interfere or participate in the
knowledge and consent of Dielle and Karlo. management or administration of the
a. Is the partnership dissolved? partnership business or affairs. She may,
b. What are the rights of Justine, if any, should she however, receive the net profits to which Una
desire to participate in the management of the would have otherwise been entitled. In this
partnership and in the distribution of a net profit of case, P120, 000 (Art. 1813).
P360, 000.00 which was realized after her purchase of
Una’s interest? (1995, 1998 BAR)
Source: Civil Law Reviewer Jurado 2009 [1082] Basis/ Doctrine: Partner by Estoppel

4) (a) What is meant by a partner by estoppel? (1970 Answer:

Bar ) (a) A partner by estoppel refers to a person who
(b) When is an existing or actual partnership bound by represents himself, or consents to another or others
the representation made by or in behalf of a person representing him to any one, as a partner either in an
(partner by estoppel) that he is a member of the existing partnership or in one that is fictitious or
partnership? (c) What is the character of the liability of apparent. (Art. 1825, NCC.)
a partner by estoppel to persons who, relying on the (b) The only instance under our law when an existing
representation that the former is a partner in an actual partnership is bound by the representation made by or
or apparent partnership, have given credit to such in behalf of a partner by estoppel is when all of the
partnership? partners had given their consent to such representation.
It will be only then that a partnership obligation shall
result. (Art. 1825, NCC.) In such a case, any third
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person who, relying on such representations, gave

credit to the partnership, can hold the partnership as
well as all of the partners, including the partner by
estoppel, liable in accordance with Art. 1816 of the
NCC. A good example of this would be those who, not
being members of the partnership, include their names
in the firm name. (Art. 1815, NCC.)
(c) The character of the liability of a partner by
estoppel to a person who, relying on the representation
that the former is a partner in an actual or apparent
partnership, have given credit to such partnership shall
depend upon whether a partnership obligation has been
created or not. If a partnership obligation has been
created, he is liable as though he were an actual
member of the partnership. However, when no
partnership obligation has been created, such as when
there is actually no partnership or even where there is,
not all of the members thereofhad given their consent
to the representation, he is merely liable pro rata with
the other persons consenting to the representation. (Art.
1825, NCC.)

Source: Civil Law Reviewer Jurado 2009 [1074] Basis/ Doctrine: Right and Obligations with Respect to
Management
5) Who shall manage the partnership?
Answer:
The management of the partnership may be vested by
agreement in one, or some, or all of the partners, or
even in a third person, either in the articles of
partnership or after the partnership had already been
constituted. (Arts. 1800, 1801, 1802, NCC.) If there is
no agreement, it is vested in all of the partners. (Art.
1803,
NCC.)

Multiple Choice Basis/Doctrine: Obligation of capitalist to contribute

Source: New Civil Code of the Philippines or RA 386 additional capital

6) If there is no agreement to the contrary, in case of an Answer: A) Industrial Partner; section 1791 of NCC
imminent loss of the business of the partnership, any If there is no agreement to the contrary, in case of an
partner who refuses to contribute an additional share to imminent loss of the business of the partnership, any
the capital, except an ______________ to save the partner who refuses to contribute an additional share to
venture, shall be obliged to sell his interest to the other the capital, except an industrial partner, to save the
partners. venture, shall he obliged to sell his interest to the other
partners.
A) Industrial Partner;
B) Capitalist partner;
C) Limited partner
Source: New Civil Code of the Philippines or RA 386 Basis /Doctrine:
7) All partners are liable _________ with the
partnership for everything chargeable to the partnership Answer: B) Solidarily ; article 1824
under Article 1822 and 1823.

A) Jointly
B) Solidarily
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Source: New Civil Code of the Philippines or RA 386 Basis/Doctrine: Firm Name; Requirement
8) Every partner shall operate a firm name, which may
or may not include the name of one or more of the Answer: A) Partner;
partners. Article 1824. All partners are liable solidarily with the
Those who not being members of the partnership, partnership for everything chargeable to the partnership
include their names in the firm name, shall be subject under articles 1822 and 1823. (n)
to the liability of a _________.

A) Partner;
B) Debtor
Source: New Civil Code of the Philippines or RA 386 Basis/ Doctrine: Duty to Render Information

9) Partners shall render on demand true and full Answer: A) Legal Disability
information of all things affecting the partnership to Article 1806. Partners shall render on demand true and
any partner or the legal representative of any deceased full information of all things affecting the partnership
partner or of any partner under _________ to any partner or the legal representative of any
deceased partner or of any partner under legal
A) Legal Disability; disability. (n)
B) Absentee Partner;

Source: New Civil Code of the Philippines or RA 386 Basis/Doctrine: Excluding a Partner any share is void.
10) A stipulation which excludes one or more partners Answer: C) Void; Article 1799
from any share in the profits or losses is _________. Article 1799. A stipulation which excludes one or
more partners from any share in the profits or losses is
A) Voidable void. (1691)
B) Valid
C) Void

INSURANCE
No. of Items: 10 Items
Syllabus Coverage Reference: 2ND WEEK Sections 11-52
Reference: Main Materials (De Leon, Codal, Tsn Lectures, Ust 2017) Elaborative Materials (Brb, Bqs, Untian, Ust
2013)

Subject Essay MCQ Total Items

Insurance 5 Items 5 Items 10 Items
Source: Untian Commercial Law Review Basis/ Doctrine: Incontestable Clause

1) What is the so-called “incontestable clause” Answer: Section 48, Insurance Code
The “incontestable clause” in life insurance simply
means that after the lapse of the period of two (2) years
(may be reduced but not extended) from date of
issuance or last reinstatement of the life insurance
policy made payable on the death of the insured, the
insurer can no longer prove that the policy is void ab
initio or is rescindable by reason of the fraudulent
concealment of misrepresentation of the insured.
Incontestability does not apply to the life insurance that
is not payable on the death of the insured and also to
property insurance (Section 48, Insurance Code)
Source: Untian Commercial Law Review [111 , 114 & Basis/ Doctrine: Insurable Interest; Property; Life and
115 ] Health
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2) A) What does insurable interest in life and health Answer:

include? A) Every person has an insurable interest in the life and
B) What does insurable interest in property consist of? health:
C) When must insurable interest exist in the : a. Of himself, or his spouse and of his children;
1) property insured? Illustrate b. Of any person on whom he depends wholly or in
2) Life or health of a person insured? part for education or support or in whom he has
D) Q: Carlo and Bianca met in the La Boracay pecuniary interest;
festivities. Immediately, they fell in love with each c. Of any person under a legal obligation to him for the
other and got married soon after. They have been payment of money, or respecting property and services,
cohabiting blissfully as husband and wife, but they did of which death or illness might delay or prevent the
not have any offspring. As the years passed by, Carlo performance; and
decided to take out an insurance on Bianca’s life for d. of any person upon whose life any estate or interest
P1M with him (Carlo) as sole beneficiary, given that he vested in him depends. (Sec. 10, Insurance Code)
did not have a steady source of income and he always
depended on Bianca both emotionally and financially. B) An insurable interest in property may consist in:
During the term of the insurance, Bianca died of what a. an existing interest (e.g. the owner’s interest in his
appeared to be a mysterious cause so that Carlo house;)
immediately requested for an autopsy to be conducted. b. an inchoate founded on an existing interest (e.g. the
It was established that Bianca died of a natural cause. partner’s interest in the partnership property); or
More than that, it was also established that Bianca was c. an expectancy, coupled with an existing interest in
a transgender all along—a fact unknown to Carlo. Can that out of which the expectancy arises [e.g. the fruit-
Carlo claim the insurance benefit? (2014 Bar) grower’s interest in the future harvest of his mango
plantation] (Sec. 14, Insurance Code)

C) a) Insurable Interest in the property insured must

exist when the insurance takes effect and when the loss
occurs, but need not exist in the meantime. A change of
interest in the thing, unaccompanied by a
corresponding change of interest in the insurance,
suspends the insurance until the interest in the thing
and the interest in the insurance are vested in the same
person. (Section 19, Insurance Code)
To illustrate, assume that X took a one year fire
insurance policy on his building on January 1. On
September 9, X sold the property to Y without
assigning the policy to the buyer. The building was
gutted by fire on November 10 of the same year.
In the instant case, neither X nor Y can recover from
the insurer. The insurance contract is suspended. X is
no longer the owner at the time of loss and therefore
has no more insurable interest in the property. Y, on
the other hand, is not a party to the insurance contract
and therefore has no insurable interest in the insurance.
However, given another set of facts, the insurer will be
liable to :
1) X, if he acquires ownership of the property
again and is the owner thereof at the time of
loss; or
2) Y, if the policy is assigned to him and he is a
party thereto at the time of loss
b) Interest in the life or health of a person insured must
exist when the insurance takes effect, but need not exist
thereafter or when the loss occurs, except that which is
taken by a creditor on the life of his debtor (sec. 19,
Insurance Code)
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To illustrate, assume that X, Inc. insured the life of Y,

the CEO of the company, on April 25. Y resigned form
the company on July 30 and unfortunately, he met a
fatal accident on August 28 of the same year.
In the instant case, X Inc. can recover from the insurer.
The only requirement of insurable interest in life
insurance is that it must exist when the insurance takes
effect. Recovery is not barred by the fact that X Inc.
has no more insurable interest in Y at the time of loss.

D) A: Yes. Carlo can claim the insurance benefit. If a

person insures the life or health of another person with
himself as beneficiary, all his rights, title and interests
in the policy shall automatically vest in the person
insured. Carlo, as the husband of Bianca, has an
insurable interest in the life of the latter. Also, every
person has an insurable interest in the life and health of
any person on whom he depends wholly or in part for
support. The insurable interest in the life of the person
insured must exist when the insurance takes effect but
need not exist when the loss occurs. Thus, the
subsequent knowledge of Carlo, upon the death of
Bianca, that the latter is a transgender does not destroy
his insurable interest on the life of the insured.

Source: Untian Commercial Law [102] Basis/Doctrine : Contract of Insurance ; What may be
Insured

3) What may be insured against? Answer: Any contingent or unknown event, whether
past or future, which may damnify a person having an
insurable interest, or create a liability against him, may
insured against (section 3 Insurance Code)
Source: Untian Commercial Law [101] Basis/ Doctrine: Interpretation of Insurance Contract

4) How is an insurance contract interpreted? Answer: An insurance contract is a contract of

adhesion because its terms are usually contained in the
printed forms prepared by the insurer to which the
insured may just agree or reject. Therefore, an
insurance contract must be construed liberally in favor
of the insured and strictly against the insurer. (Serrano
v. CA, 130 SCRA 327)
Source: Untian Commercial Law Basis /Doctrine : Concealment & Misrepresentation

5) X took a life insurance policy where the insurer Answer:

waived the requirement of a medial examination (non- Yes, the insurer may refuse to pay the insurance on the
medical insurance). A year later, X died of a brain ground of concealment. In non-medical insurance
tumor. Upon investigation, the insurer discovered that wherein the insurer waives the medical examination
X had been treated a number of times for severe before a policy is issued, information regarding the
migraine even before the policy was issued. As a health of the insured becomes even more material
result, the insurer denied payment to the beneficiary because the health condition of the insured is important
under the policy. in considering the amount of premiums to paid.
(Sunlife Assurance Company v. CA, 245 SCRA 268)
Is the Insurer’s refusal to pay tenable? Explain briefly.
Multiple Choice Basis /Doctrine
Source: Insurance Code or Republic Act 10607
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6) A ____________ may be altered or withdrawn Answer: A) representation; Section 41 RA 10607

before the insurance is effected, but not afterwards. "Section 41. A representation may be altered or
a. representation withdrawn before the insurance is effected, but not
b. concealment afterwards.

Source: Insurance Code or Republic Act 10607 Basis/Doctrine:

7) A representation is to be deemed _______ when the Answer: A) False ; section 44 of IC
facts fail to correspond with its assertions or "Section 44. A representation is to be deemed false
stipulations. when the facts fail to correspond with its assertions or
A) False stipulations.
B) Valid
c) Void
Source: Insurance Code or Republic Act 10607 Basis / Doctrine: Contents of the Policy
8) The policy must specify:
a. the parties between whom the contract is done; Answer: B) property or life insured Section 51 of IC A
b. the property or life insured; policy of insurance must specify:
c. the property is insure against; "(a) The parties between whom the contract is made;
"(b) The amount to be insured except in the cases of
open or running policies;
"(c) The premium, or if the insurance is of a character
where the exact premium is only determinable upon the
termination of the contract, a statement of the basis and
rates upon which the final premium is to be
determined;
"(d) The property or life insured;
"(e) The interest of the insured in property insured, if
he is not the absolute owner thereof;
"(f) The risks insured against; and
"(g) The period during which the insurance is to
continue.

Source: Insurance Code or Republic Act 10607 Basis/ Doctrine:

9) A ______ to communicate that which a party knows Answer:

and ought to communicate, is called a ________. C) Neglect; Concealment ; Section 26 of IC
"Section 26. A neglect to communicate that which a
A) Failure; Unenforceable party knows and ought to communicate, is called a
B) Intent; Communication concealment.
C) Neglect; Concealment

Source: Insurance Code or Republic Act 10607 Answer:

10) The right to information of material facts ________ A) May be waived; Section 33 of the IC
either by the terms of insurance or by neglect to make "Section 33. The right to information of
inquiry as to such facts, where they are distinctly material facts may be waived, either by the
implied on other facts where they are distinctly implied terms of insurance or by neglect to make
in other facts of which information is communicated. inquiry as to such facts, where they are
A) may be waived; distinctly implied in other facts of which
B) may not be waived; information is communicated.
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 12

LABOR LAW REVIEW

No. of Items: 10 Items
Syllabus Coverage Reference: 2nd Week 25-70
Reference: Main Materials (Poquiz, Codal, Tsn Lectures, Ust 2017) Elaborative Materials (Brb, Bqs, Ust 2013)

Subject Essay MCQ Total Items

Labor Standards Review 5 Items 5 Items 10 Items
Source: Quamto Labor 2017 Basis/Doctrine: Prohibited Activities

1) Q: Rocket Corporation is a domestic corporation Answer:

registered with the SEC, with 30% of its authorized No. Article 27 of the Labor Code mandates that
capital stock owned by foreigners and 70% of its pertinently, for a Corporation to validly engage in
authorized capital stock owned by Filipinos. Is Rocket recruitment and placement of workers, locally and
Corporation allowed to engage in the recruitment and overseas, at least seventy-five percent (75%) of its
placement of workers, locally and overseas? Briefly authorized and voting capital stock must be owned and
state the basis for your answer. (2015 Bar) controlled by Filipino citizens. Since only 70% of its
authorized capital stock is owned by Filipinos, it
consequently cannot validly engage in recruitment and
placement of workers, locally and overseas.

Source: Quamto Labor Law 2017 [4] Basis/Doctrine: Illegal Recruitment (2010 Bar)

2) Q: A was approached for possible overseas Answer:

deployment to Dubai by X, an interviewer of job A: No. X performed his work with the knowledge that
applicants for Alpha Personnel Services, Inc., an he works for a licensed recruitment agency. He is in no
overseas recruitment agency. X required A to submit position to know that the officers of said recruitment
certain documents (passport, NBI clearance, medical agency failed to register him as its personnel (People v.
certificate) and to pay P25,000 as processing fee. Upon Chowdur, G.R. No. 129577-80, February 15, 2000).
payment of the said amount to the agency cashier, A The fault not being attributable to him, he may be
was advised to wait for his visa. After five months, A considered to have apparent authority to represent
visited the office of Alpha Personnel Services, Inc. Alpha in recruitment for overseas employment.
during which X told him that he could no longer be
deployed for employment abroad. A was informed by A: Yes. Alpha, being a licensed recruitment agency,
the Philippine Overseas Employment Administration still has obligations to A for processing his papers for
(POEA) that while Alpha Personnel Services, Inc. was overseas employment. Under Section 6(m) of R.A.
a licensed agency, X was not registered as its 8042, failure to reimburse expenses incurred by the
employee, contrary to POEA Rules and Regulations. worker in connection with his documentation and
Under POEA Rules and Regulations, the obligation to processing for purposes of deployment, in cases where
register personnel with the POEA belongs to the the deployment does not actually take place without the
officers of a recruitment agency. (2010) worker’s fault, amounts to illegal recruitment.

a. May X be held criminally liable for illegal

recruitment? Explain.
b. May the officers having control, management or
direction of Alpha Personnel Services, Inc. be held
criminally liable for illegal recruitment? Explain.

Source: Quamto Labor Labor 2017 [5] Basis/Doctrine: Regulation of Recruitment and
Placement Activities (2002, 1998 Bar)

3) A Recruitment and Placement Agency declared Answer:

voluntary bankruptcy. Among its assets is its license to No, because of the non-transferability of the license to
engage in business. Is the license of the bankrupt engage in recruitment and placement.
agency an asset which can be sold in public auction by The Labor Code (in Article 29) provides that no license
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 13

the liquidator? (1998 Bar) to engage in recruitment and placement shall be used
directly or indirectly by any person other than the one
in whose favor it was issued nor may such license be
transferred, conveyed or assigned to any other person
or entity.
It may be noted that the grant of a license is a
governmental act by the Department of Labor and
Employment based on personal qualifications, and
citizenship and capitalization requirements. (Arts. 27-
28, Labor Code)

Source: Quamto Labor Law 2017 [5] Basis/Doctrine: Types of Illegal Recruitment

4) A) When is illegal recruitment considered a crime of Answer:

economic sabotage? Explain briefly. (2002, 2007, 2015 A) According to Art. 28 of the Labor Code, illegal
bar) recruitment is considered a crime of economic sabotage
when committed by a syndicate or in large scale.
B) When does the recruitment of workers become an Illegal recruitment is deemed committed by a syndicate
act of economic sabotage? (2015 Bar) if carried out by a group of three (3) or more persons
conspiring and/or confederating with one another in
C) Discuss the types of illegal recruitment under the carrying out any unlawful or illegal transaction,
Labor Code. (2007 Bar) enterprise or scheme which is an act of illegal
recruitment.
Illegal recruitment is deemed committed in large scale
if committed against three (3) or more persons
individually or as a group.

B) Under Section 6(m) of RA 8042, illegal recruitment

is considered economic sabotage if it is committed by a
syndicate or is large scale in scope. It is syndicated
illegal recruitment if the illegal recruitment is carried
out by three (3) or more conspirators; and it is large
scale in scope when it is committed against three (3)
more persons, individually or as a group.

C) Under the Labor Code, as amended by Republic Act

No. 8042 otherwise known as the “Overseas Filipinos
and Migrant workers Act of 1995”, there are two types
of illegal recruitment, particularly simple illegal
recruitment and illegal recruitment which is considered
as an offense involving economic sabotage. Illegal
recruitment as an offense involving economic sabotage
is committed under the following qualifying
circumstances, to wit:
When illegal recruitment is committed by a syndicate,
that is when it is carried out by a group of three (3) or
more persons conspiring and/or confederating with one
another; or
When illegal recruitment is committed in large scale,
that is when it is committed against three (3) or more
persons whether individually or as a group.

Source: Quamto Labor Law 2017 Basis/Doctrine: Illegal Recruitment

QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 14

5) Q: Maryrose Ganda's application for the renewal of Answer:

her license to recruit workers for overseas employment Maryrose is still criminally liable for large scale illegal
was still pending with the Philippine Overseas recruitment, Good faith is not a defense in illegal
Employment Administration (POEA). Nevertheless, recruitment as defined in Sec, 6 of R.A. 8042. Illegal
she recruited Alma and her three sisters, Ana, Joan and recruitment is malum prohibitum.
Mavic, for employment as housemaids in Saudi Refund of the P120, 000.00 she received does not
Arabia. Maryrose represented "to the sisters that she likewise extinguish her criminal liability. If at all, it
had a license to recruit workers for overseas satisfies only her civil liability. The affidavit of
employment. Maryrose also demanded and received desistance, moreover, does not bar Maryrose's
P30, 000.00 from each of them for her services. prosecution. The criminal offense is not extinguished
However, Maryrose's application for the renewal of her by such desistance. Besides, affidavit of desistance, as
license was denied, and consequently failed to employ a rule, is frowned upon.
the four sisters in Saudi Arabia.
The sisters charged Maryrose with large scale illegal
recruitment. Testifying in her defense, Maryrose
declared that she acted in good faith because she
believed that her application for the renewal of her
license would be approved. Maryrose adduced in
evidence the Affidavits of Desistance which the four
private complainants had executed after the
prosecution rested its case, In the said affidavits, they
acknowledged receipt of the refund by Maryrose of the
total amount of PI20.000,00 and indicated that they
were no longer interested to pursue the case against
Maryrose. Resolve the case with reasons. (2005 Bar)

Multiple Choice
Source: The Labor Code of the Philippine or PD 442 Answer:
6) The decision of the authorized agency of the C) 5 days; final and executory ; Article 66 of the Labor
Department of Labor and Employment may be Code of the Philippines
appealed by any aggrieved person to the Secretary of
Labor and Employment within _____ from receipt of Article 66. Appeal to the Secretary of Labor and
the decision. The decision of the Secretary of Labor Employment. The decision of the authorized agency of
and Employment shall be ________. the Department of Labor and Employment may be
appealed by any aggrieved person to the Secretary of
A) 5 days; given Labor and Employment within five (5) days from
B) 10 days; final and executory receipt of the decision. The decision of the Secretary of
5 days; final and executory Labor and Employment shall be final and executory.

Source: The Labor Code of the Philippine or PD 442

7) Only employers in the highly technical industries Answer:
may employ apprentices and only in apprenticeable B) Secretary of Labor; Article 60 of Labor Code
occupation approved by the _________. of the Philippines
Employment of apprentices. Only employers in the
a) DOLE; highly technical industries may employ apprentices and
b) Secretary of Labor; only in apprenticeable occupations approved by the
POEA Secretary of Labor and Employment.

Source: The Labor Code of the Philippine or PD 442 Basis /Doctrine: Qualifications of apprentice

8) to qualify as an apprentice, a person shall, except: Answer: A) Be at least fourteen (14) years of age
Qualifications of apprentice. To qualify as an
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 15

a) Be atleast fifteen 15 years of age; apprentice, a person shall:

b) Possess vocational aptitude and capacity for Be at least fourteen (14) years of age;
appropriate tests; and Possess vocational aptitude and capacity for
c) Possess the ability to comprehend and follow appropriate tests; and
oral and written instructions Possess the ability to comprehend and follow oral and
written instructions.
Trade and industry associations may recommend to the
Secretary of Labor appropriate educational
requirements for different occupations.

Source: The Labor Code of the Philippine or PD 442 Basis/ Doctrine: Exhaustion of Administrative
Remedies

9) No person shall institute any action for the Answer: A) Exhausted; Administrative Remedies
enforcement of any apprenticeship agreement or Article 67 of the Labor Code. Exhaustion of
damages for breach of any such agreement, unless he administrative remedies. No person shall institute any
has ___________ all available _________. action for the enforcement of any apprenticeship
agreement or damages for breach of any such
A) Exhausted; administrative remedies agreement, unless he has exhausted all available
B) Made known; actions; administrative remedies.
Given; Information
Source: The Labor Code of the Philippine or PD 442 Basis/Doctrine: Citizenship Requirement
10) Only Filipino citizen or corporations, partnerships
or entities at least ____ of the authorized and voting Answer:
capital stock of which is owned and controlled by A) 75% seventy-five percent; Article 27
Filipino citizens shall be permitted to participate in the Citizenship requirement. Only Filipino citizens or
recruitment and placement of workers, locally and corporations, partnerships or entities at least seventy-
overseas. five percent (75%) of the authorized and voting
capital stock of which is owned and controlled by
A) 75% Filipino citizens shall be permitted to participate in the
B) 60% recruitment and placement of workers, locally or
C) 50% overseas.

CRIMINAL LAW REVIEW

No. of Items: 10 Items
Syllabus Coverage Reference: 2nd Week Article 12-16
Reference: Main Materials (Reyes, Codal, Tsn Lectures, Ust 2017) Elaborative Materials (Brb, Bqs, Ust 2013)

Subject Essay MCQ Total Items

Criminal Law Review 5 Items 5 Items 10 Items
Source: Quamto 2017 Criminal Law [8] Basis/ Doctrine: Defense of Relatives

1) Q: When A arrived home, he found B raping his Answer: No. A cannot validly invoke defense of his
daughter. Upon seeing A, B ran away. A took his gun daughter's honor in having killed B since the rape was
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 16

and shot B, killing him. Charged with homicide, A already consummated; moreover, B already ran away,
claimed he acted in defense of his daughter's honor. Is hence, there was no aggression to defend against and
A correct? If not, can A claim the benefit of any no defense to speak of. Defense of honor as included in
mitigating circumstance or circumstances? (2002, self-defense, must have been done to prevent or repel
2000, 1998 Bar) an unlawful aggression. There is no defense to speak of
where the unlawful aggression no longer exists.
A may, however, invoke the benefit of the mitigating
circumstance of having acted in immediate vindication
of a grave offense to a descendant, his daughter, under
par. 5, Art. 13 of the RPC.

Source: Quamto 2017 Criminal Law [9] Basis/ Doctrine: Insanity

2) Q: While his wife was on a 2-year scholarship Answer:

abroad, Romeo was having an affair with his maid (a) No. Romeo’s defense of insanity will not prosper.
Dulcinea. Realizing that the affair was going nowhere, Insanity as a defense to the commission of a crime
Dulcinea told Romeo that she was going back to the must have existed and proven to have been existing at
province to marry her childhood sweetheart. Clouded the precise moment when the crime was being
by anger and jealousy, Romeo strangled Dulcinea to committed. The facts of the case indicate that Romeo
death while she was sleeping in the maid’s quarters. committed the crime with discernment and was only
The following day, Romeo was found catatonic inside diagnosed to be mentally unstable after the crime was
the maid’s quarters. He was brought to the National committed.
Center for Mental Health (NCMH) where he was (b) The effect of the diagnosis made by NCMH is
diagnosed to be mentally unstable. Charged with possibly a suspension of the proceeding against Romeo
murder, Romeo pleaded insanity as a defense. and his commitment to appropriate institution for
(a) Will Romeo’s defense prosper? Explain. treatment until he could already understand the
(b) What is the effect of the diagnosis of the NCMH on proceedings.
the case? (2010 Bar)

Source: Basis/ Doctrine: Minority

Answer:
3) While they were standing in line awaiting their A) No. Katreena is not criminally liable due to her
vaccination at the school clinic, Pomping repeatedly minority. She is exempted from criminal liability for
pulled the ponytail of Katreena, his 11 years , 2 months being a minor less than fifteen (15) years old although
and 13 days days old classmate in Grade 5 at the over nine (9) years of age. Nonetheless is she civilly
Sampaloc Elementary School. Irritated, Katreena liable.
turned around and swung at Pomping with a ball pen.
The top of the ball pen hit the right eye of Pomping B) the attendant circumstances which may be
which bled profusely. Realizing what she had caused, considered are:
Katreen immediately helped Pomping. When 1) Minority of the accused as an exempting
investigated, she freely admitted to the school principal circumstance under Article 12 (3) of RPC, where she
that she was responsible for the injury to Pomping’s shall be exempt from criminal liability, unless it was
eye. After the incident, she executed a statement proved that she acted with discernment. She is however
admitting her culpability. Due to the injury, Pomping civilly liable;
lost his right eye. (2000, 1998 Bar) 2) If found criminally liable, the minority of the
accused is a privileged mitigating circumstance. A
a) Is Katreena criminally liable? Why? discretionary penalty lower by at least two (2) degrees
b) Discuss the attendant circumstances and than that prescribed for the crime committed shall be
effects thereof. imposed in accordance with Art. 68 (1) RPC. The
sentence however, should automatically be suspended
in accordance with Section 5 (a) of RA 8369 (Family
Courts Act of 1997);
3) Likewise if found criminally liable, the ordinary
mitigating circumstance of not intending to commit so
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 17

grave a wrong as that committed under Article 13 (3)

of the RPC may apply;
4) The ordinary mitigating circumstance of sufficient
provocation on the part of the offended party
immediately preceded the act.
Source: Quamto Criminal Law 2017 [10] Basis/ Doctrine: Surrender and Confession of Guilt

4) After killing the victim, the accused absconded. He Answer:

succeeded in eluding the police until he surfaced and Voluntary surrender may not be appreciated in favor of
surrendered to the authorities about two years later. the accused. Two years is too long a time to consider
Charged with murder, he pleaded not guilty but, after the surrender as spontaneous (People v. Ablao, G.R.
the prosecution had presented two witnesses No. 69184, March 26, 1990).
implicating him to the crime, he changed his plea to For sure the government had already incurred
that of guilty. Should the mitigating circumstances of considerable efforts and expenses in looking for the
voluntary surrender and plea of guilty be considered in accused. Plea of guilty can no longer be appreciated as
favor of the accused? (1997 Bar) a mitigating circumstance because the prosecution had
already started with the presentation of its evidence
(Art. 13[7], RPC).

Source: Quamto Criminal Law 2017 [10] Basis/ Doctrine: Aggravating Circumstances

5) A) Name the four (4) kinds of aggravating Answer:

circumstances and state their effect on the penalty of A: The four (4) kinds of aggravating circumstances are:
crimes and nature thereof. Distinguish generic 1) Generic aggravating or those that can
aggravating circumstance from qualifying aggravating generally apply to all crimes, and can be offset
circumstance. (1999 Bar) by mitigating circumstances, but if not offset,
would affect only the maximum of the penalty
B) Q: The robbers killed a mother and her baby, then prescribed by law;
threw the body of the baby outside the window. Can 2) Specific aggravating or those that apply only
the aggravating circumstance of cruelty be considered to particular crimes and cannot be offset by
in this case? Reason. (1988 Bar) mitigating circumstances;
3) Qualifying circumstances or those that change
C) Q: At about 9:30 in the evening, while Dino and the nature of the crime to a graver one, or
Raffy were walking along Padre Faura Street, Manila, brings about a penalty next higher in degree,
Johnny hit them with a rock injuring Dino at the back. and cannot be offset by mitigating
Raffy approached Dino, but suddenly, Bobby, Steve, circumstances;
Danny and Nonoy surrounded the duo. Then Bobby 4) Inherent aggravating or those that essentially
stabbed Dino. Steve, Danny, Nonoy and Johnny kept accompany the commission of the crime and
on hitting Dino and Raffy with rocks. As a result, Dino do not affect the penalty whatsoever.
died.
Bobby, Steve, Danny, Nonoy and Johnny were charged The distinctions between generic aggravating
with homicide. Can the court appreciate the circumstances and qualifying aggravating
aggravating circumstances of nighttime and band? circumstances are as follows:
(1994 Bar) Generic aggravating circumstances:
a. affects the nature of the crime or brings about
a penalty higher in degree than that ordinarily
prescribed;
b. can be offset by ordinary mitigating
circumstances;
c. need not be alleged in the Information as long
as proven during the trial;
d. the same shall be considered in imposing the
sentence.
Qualifying circumstances:
a. affects the nature of the crime or brings about
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 18

a penalty higher in degree than that ordinarily

prescribed;
b. cannot be offset by mitigating circumstances;
c. must be alleged in the Information and proven
during trial.

B) Cruelty cannot be considered in this case because

the aggravating circumstance of cruelty requires
deliberate prolongation of the suffering of the victim.
In this case, the baby was dead already so that there is
no more prolongation to speak of.

C) No. Nighttime cannot be appreciated as an

aggravating circumstance because there is no
indication that the offenders deliberately sought the
cover of darkness to facilitate the commission of the
crime or that they took advantage of nighttime (People
v. De los Reyes, 203 SCRA 707) Besides, judicial
notice can be taken of the fact that Padre Faura Street is
well-lighted.
However, band should be considered as the crime was
committed by more than three armed malefactors; in a
recent Supreme Court decision, stones or rocks are
considered deadly weapons.

Multiple Choice Basis/Doctrine: Who are criminally liable

Source: The Revised Penal Code of the Philippines or
RA 3815
6) The following are criminally liable for grave or less Answer:
grave felonies, except: B) Assistant; Article 16 of the RPC
A) Principal Who are criminally liable. - The following are
B) Assistant criminally liable for grave and less grave felonies:
C) Accessories 1. Principals.
2. Accomplices.
3. Accessories.

Source: The Revised Penal Code of the Philippines or Basis/ Doctrine: Aggravating Circumstance
RA 3815
7) The following are the aggravating circumstances, Answer:
except: A) That advantage be taken by the offender of his
public position; Article 14
a) That advantage be given by the offender of Article 14. Aggravating circumstances. - The
public position. following are aggravating circumstances:
b) That the crime be committed in contempt of 1. That advantage be taken by the offender of his
or with insult to the public authorities public position.
2. That the crime be committed in contempt or with
insult to the public authorities xxx

Source: The Revised Penal Code of the Philippines or Basis /Doctrine: Mitigating Circumstances
RA 3815
8) the following are _______ circumstances: Answer:
QUIZ 2 COVERAGE- August 22, 2021 1-5 pm 19

that the offender is ________, blind or otherwise A) Mitigating Circumstance; deaf and dumb;
suffering some physical defect which thus restricts his Article 13 of the RPC
means of action, defense or communication with his Article 13. Mitigating circumstances. - The following
fellow beings. are mitigating circumstances;
8. That the offender is deaf and dumb, blind or
A) Mitigating Circumstance; deaf and dumb otherwise suffering some physical defect which thus
B) Aggravating Circumstance; deaf restricts his means of action, defense, or
C) Exempting Circumstance; dumb communications with his fellow beings.

Source: The Revised Penal Code of the Philippines or Basis/ Doctrine: When light felonies are punishable
RA 3815
9) Light Felonies are punishable ___ when they have Answer: A) ONLY ; Article 7 of the RPC
been consummated, with the exception of those Article 7. When light felonies are punishable. - Light
committed against persons or property . felonies are punishable only when they have been
a) ONlY; consummated, with the exception of those committed
b) If against person or property.

Source: The Revised Penal Code of the Philippines or Basis/Doctrine: Justifying Circumstance
RA 3815
10) The following are the requisites of a valid self- Answer:
defense: A) Unlawful Aggression; reasonable necessity of the
A) First, Unlawful Aggression; Second, reasonable means employed to prevent or repeal it; Lack of
necessity of the means employed to prevent or repeal sufficient provocation on the part of the person
it; Third, Lack of sufficient provocation on the part of defending himself;
the person defending himself; Article 11 of the RPC
B) First, Lack of sufficient provocation on the part of
the person defending himself; Second, Unlawful Article 11. Justifying circumstances. - The following
Aggression do not incur any criminal liability:
1. Anyone who acts in defense of his person or rights,
provided that the following circumstances concur;
First. Unlawful aggression.
Second. Reasonable necessity of the means
employed to prevent or repel it.
Third. Lack of sufficient provocation on the part of
the person defending himself.