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org (Bar Exams Forum-Philippines) A community where bar examinees, students of law and everyone can share and discuss matters relating to the bar exams. Sharing is good karma. * Logout [ jam1001 ] <./ucp.php?mode=logout&sid=6969f1c25cf5b5307c277d0061a19708> * *0* new messages <./ucp.php?i=pm&folder=inbox> * FAQ <./faq.php> * Search <./search.php> * Members <./memberlist.php> * User Control Panel <./ucp.php> View unanswered posts <./search.php?search_id=unanswered> | View active topics <./search.php?search_id=active_topics> { SEARCH_UNREAD } <./search.php?search_id=unreadposts> | View new posts <./search.php?search_id=newposts> | View your posts <./search.php?search_id=egosearch> Board index <./index.php> The Bar Examinations <./viewforum.php?f=41> Bar Questions and Answers <./viewforum.php?f=53> 2010 Bar Questions <./viewforum.php?f=71> 2010 Civil Law <./viewforum.php?f=74> Moderators must approve new registrations to sift through spam. Kindly wait for activation ideally within 24 hours. Question VII <./viewtopic.php?f=74&t=4224>

Post new topic <./posting.php?mode=post&f=74> Reply to topic <./posting.php?mode=reply&f=74&t=4224> Page *1* of *1* [ 3 posts ] Subscribe topic <./viewtopic.php?uid=14904&f=74&t=4224&watch=topic&start=0&hash=5decb09a> | Print view <./viewtopic.php?f=74&t=4224&view=print> | E-mail friend <./memberlist.php?mode=email&t=4224> Previous topic <./viewtopic.php?f=74&t=4224&view=previous> | Next topic <./viewtopic.php?f=74&t=4224&view=next> Author Message *Manresa* *Post subject:* Question VII <#p39360> Post <./viewtopic.php?p=39360#p39360>*Posted:* Mon Sep 13, 2010 5:38 pm Offline Adviser User avatar *Joined:* Wed Jul 25, 2007 10:21 pm *Posts:* 1512 *Location:* Pampanga G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was declared void ab initio under Article 36 of

the Family Code. At the time of the dissolution of the marriage, the couple possessed the following properties: a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price (representing downpayment) of which he paid; one third (1/3) was paid by G on February 14, 1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and the balance was paid out of the spouses joint income; and an apartment unit donated to B by an uncle on June 19, 1987. A. Who owns the foregoing properties? Explain. (5%) B. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns the properties? Explain. (5%) _________________ To live outside the law you must be honest - Bob Dylan Report this post <./report.php?f=74&p=39360> *Top <#wrapheader>* Profile <./memberlist.php?mode=viewprofile&u=16> Send private message <./ucp.php?i=pm&mode=compose&action=quotepost&p=39360> Reply with quote <./posting.php?mode=quote&f=74&p=39360> *the mailman* *Post subject:* Re: Question VII <#p39432> Post <./viewtopic.php?p=39432#p39432>*Posted:* Tue Sep 14, 2010 12:41 pm Offline Sophomore *Joined:* Wed Jun 02, 2010 12:11 pm *Posts:* 248 I was really confused with my answers here, so pls call my attention na lang. A. house and lot: 1/3 Bs capital property 1/3 Gs paraphernal property 1/3 belongs to absolute community property apartment unit is Bs capital property Report this post <./report.php?f=74&p=39432> *Top <#wrapheader>* Profile <./memberlist.php?mode=viewprofile&u=4683> Send private message <./ucp.php?i=pm&mode=compose&action=quotepost&p=39432> E-mail <./memberlist.php?mode=email&u=4683> Reply with quote <./posting.php?mode=quote&f=74&p=39432> *treadstone*

*Post subject:* Re: Question VII <#p39510> Post <./viewtopic.php?p=39510#p39510>*Posted:* Wed Sep 15, 2010 1:26 pm Offline Freshman *Joined:* Mon May 25, 2009 3:55 pm *Posts:* 65 G and B were married on July 3, 1989. On March 4, 2001, the marriage, which bore no offspring, was declared void ab initio under Article 36 of the Family Code. At the time of the dissolution of the marriage, the couple possessed the following properties: a house and lot acquired by B on August 3, 1988, one third (1/3) of the purchase price (representing downpayment) of which he paid; one third (1/3) was paid by G on February 14, 1990 out of a cash gift given to her by her parents on her graduation on April 6, 1989; and the balance was paid out of the spouses joint income; and an apartment unit donated to B by an uncle on June 19, 1987. A. Who owns the foregoing properties? Explain. (5%) *Since the marriage was declared void ab initio by reason of psychological incapacity under A36FC, their property regime shall be governed by co-ownership under A147FC which provides among others that, in the absence of proof to the contrary properties acquired while they lived together shall be owned in common. Therefore: of the value of the house and lot shall be capital property since it was acquired prior to the celebration of marriage on July 3, 1989 by B. 1/3 of the value of the property shall be paraphernal property since the proceeds used to pay the 1/3 value of the house and lot was a gratuitously acquired by G. The balance paid out of the spouses joint income shall be owned in common therefore divided equally. an apartment unit donated to B by an uncle on June 19, 1987 shall be capital property since it was acquired prior to marriage.* B. If G and B had married on July 3, 1987 and their marriage was dissolved in 2007, who owns the properties? Explain. (5%) *It will still be the same since the regime of conjugal partnership of gains shall not apply to marriages terminated by reason of psychological incapacity under A36FC. Therefore, still A147FC shall apply with the distribution above-mentioned. * _________________ Do not engage the enemy for too long or they will adapt to your tactics. Report this post <./report.php?f=74&p=39510> *Top <#wrapheader>* Profile <./memberlist.php?mode=viewprofile&u=2731> Send private message <./ucp.php?i=pm&mode=compose&action=quotepost&p=39510> Reply with quote <./posting.php?mode=quote&f=74&p=39510>

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