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1.

Venecio and Ester lived as common-law spouses since both have been married to other persons
from whom they had been separated in fact for several years. Hardworking and bright, each
earned incomes from their respective professions and enterprises. What is the nature of their
incomes?

2. When A and B married, they chose conjugal partnership of gains to govern their property
relations. After 3 years, B succeeded in getting her marriage to A annulled on ground of the
latter’s psychological incapacity. What liquidation procedure will they follow in disposing of their
assets?

3. Audrey, single, bought a parcel of land in Malolos City from Franco for P 1Million. A contract was
executed between them which already vested upon Audrey full ownership of the property,
although payable in monthly installments for a period of four (4) years. One (1) year after the
execution of the contract, Audrey got married to Arnel. They executed a marriage settlement
whereby they agreed that their properties shall be governed by the regime of conjugal
partnership of gains. Thereafter, subsequent installments were paid from the conjugal
partnership funds. Is the land conjugal or paraphernal?

4. 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 down payment) 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
b. an apartment unit donated to B by an uncle on June 19, 1987.

Who owns the foregoing properties? Explain.

5. Gabby and Mila got married at Lourdes Church in Quezon City on July 10. 1990. Prior thereto,
they executed a marriage settlement whereby they agreed on the regime of conjugal
partnership of gains. The marriage settlement was registered in the Register of Deeds of Manila,
where Mila is a resident. In 1992, they jointly acquired a residential house and lot, as well as a
condominium unit in Makati. In 1995, they decided to change their property relations to the
regime of complete separation of property. Mila consented, as she was then engaged in a
lucrative business. The spouses then signed a private document dissolving their conjugal
partnership and agreeing on a complete separation of property.

Thereafter, Gabby acquired a mansion in Baguio City, and a 5-hectare agricultural land in
Oriental Mindoro, which he registered exclusively in his name.

In the year 2000, Mila’s business venture failed, and her creditors sued her for P10,000,000.00.
After obtaining a favorable judgment, the creditors sought to execute on the spouses' house and
lot and condominium unit, as well as Gabby's mansion and agricultural land.

a) Discuss the status of the first and the amended marriage settlements.
b) Discuss the effect/s of the said settlements on the properties acquired by the spouses.
c) What properties may be held answerable for Mila’s obligations? Explain.

6. Paulita left the conjugal home because of the excessive drinking of her husband, Alberto.
Paulita, out of her own endeavor, was able to buy a parcel of land which she was able to register
under her name with the addendum “widow." She also acquired stocks in a listed corporation
registered in her name. Paulita sold the parcel of land to Rafael, who first examined the original
of the transfer certificate of title.

a. Has Alberto the right to share in the shares of stock acquired by Paulita?
b. Can Alberto recover the land from Rafael?

7. Bar Candidates Patricio Mahigugmaon and Rowena Amor decided to marry each other before
the last day of the 1991 Bar Examinations. They agreed to execute a Marriage Settlement.
Rowena herself prepared the document in her own handwriting. They agreed on the following:

a. conjugal partnership of gains;


b. each donates to the other fifty percent (50%) of his/her present property;
c. Rowena shall administer the conjugal partnership property; and
d. neither may bring an action for the annulment or declaration of nullity of their marriage.

Both signed the agreement in the presence of two (2) witnesses.

A. Is the Marriage Settlement valid? May it be registered in the registry of property?


B. Are the stipulations valid?

8. What properties are excluded from the regime of absolute community of property between
spouses?

9. When should the property relations of the spouses be mandatorily governed by the regime of
complete separation of property?

10. Spouses A and B leased a piece of land belonging to B's parents for 25 years. The spouses built
their house on it worth P300,000.00. Subsequently, in a case that C filed against A and B, the
court found the latter liable to C for P200,000.00. When the sheriff was attaching their house for
the satisfaction of the judgment, A and B claimed that it was exempt from execution, being a
family home. Is this claim correct?

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