Property Relations Quiz

Question 1

A property acquired before the marriage shall be the exclusive property of the spouse.

Answer 1

FALSE, Depends on Marriage Settlement.

Question 2

The husband and wife shall fix the family domicile.

Answer 2

TRUE, Art. 69 of FC

Question 3

The property relations of the spouses both being filipinos, shall be governed by PH laws regardless of the place of the celebration of the marriage and their residence.

Answer 3

FALSE, art. 80. Absence of a contrary stipulation in a marriage settlement.

Question 4

Donations between the prospective spouses made in the marriage settlement, in consideration of a future marriage, shall be rendered void if the marriage does not take place.

Answer 4

TRUE, Art. 81 of FC.

Question 5

In order that the donation by reason of marriage involving an immovable may be valid it must be made in a public document

Answer 5

TRUE, Art. 749 of NCC.

Question 6

The marriage settlements and any modification thereof shall be governed by the Statute of Frauds

Answer 6

FALSE, Art. 77 of FC Old law in Civil Code, Required na Writing.

Question 7

Donations of future property shall be governed by the provisions on testamentary succession and the formalities of wills

Answer 7

TRUE, Art. 84, par. 2 of FC.

Question 8

The expenses for the support of the family and their conjugal obligations shall be paid from the community property and, in the absence thereof, from the income or fruits of their separate properties.

Answer 8

TRUE

Question 9

The husband is the administrator of the conjugal property.

Answer 9

FALSE, Joint na ngayon.

Question 10

Either spouse may exercise any legitimate profession, occupation, business, or activity w/out the consent of the other

Answer 10

TRUE

Question 11

The wife manages the affairs of the household.

Answer 11

FALSE, joint na ngayon

Question 12

The property relationship between husband and wife shall be governed primarily by the Code

Answer 12

FALSE, Art. 74 of FC: Marriage Settlement > FC > Local Customs

Question 13

In the absence of a marriage settlement, or when the regime agreed upon is void, the system of ACP shall govern.

Answer 13

FALSE, it depends on the date of celebration → Before Aug 3, 1988 CPG, After, ACP.

Question 14

Donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses.

Answer 14

TRUE, Art. 82 of FC.

Question 15

The marriage settlement and any modification thereof shall be in writing, signed by the parties.

Answer 15

TRUE

Question 16

Everything stipulated in the marriage settlement in consideration of a future marriage including donations between the prospective spouses made therein, shall be rendered void if the marriage does not take place.

Answer 16

TRUE, Art. 81 of FC

Question 17

Donations by reason of marriage are those w/c are made before its celebration, in consideration of the same, and made by one one or both of the future spouses.

Answer 17

FALSE Art. 82 of FC because of “made by one or both of the future spouses.” It should be in favour of one or both of the future spouses

Question 18

Donations by reason of marriage are governed by the rules on ordinary donations established in Title III of Book III of the CC

Answer 18

FALSE, Art. 83 of FC “insofar as they are not modified by the following articles.”

Question 19

If the future spouses agree upon a regime of ACP, they cannot donate to each other in their marriage settlements more than one-fifth of their present property

Answer 19

FALSE walang logic na the converse of art. 84 is true.

Question 20

Donations by reason of marriage of property subject to encumbrances shall be valid. In case of foreclosure of the encumbrance and the property is sold for less than the total amount of the obligation secured, the donor shall not be liable for the deficiency.

Answer 20

FALSE, it should be the donee and not the donor.

Question 21

In 1988, A and B were married. Days before the marriage they orally agreed that their property regime would be conjugal partnership of gains. What will be the property regime? What is the status?

Answer 21

It depends on when the marriage was solemnized.

FC -> UNENFORCEABLE, Art. 77 requires it to be in writing. hence, it will be ACP by default (Art. 75)

CC -> Governed by STATUTE OF FRAUDS, Art. 122, But it will still be CPG because that is the default regime under CC

Question 22

In December 1989, A and B were married. Days before the solemnization, A and B executed a marriage settlement in which they agreed for a CPG without the knowledge of the parents of B who was then only 18 y.o. Is that valid?

Answer 22

No, parents should be made parties to the agreement according to Art.78 of the FC.

Minor according to RA 8609 are still those <21 when it concerns marriage (they still need consent)

Question 23

A donation made to the parents of the future spouses days before the solemnization is a donation in consideration of marriage or donation propter nuptias. Correct?

Answer 23

No. A donation propter nuptias must be in consideration of one or both of the spouses.

Question 24

The marriage was solemnized in 1988. A donation propter nuptias was made orally. If this happened during the effectivity of the family code? The status?

Answer 24

Depends on the value of the property given.
- If Immovable - Void under art. 749 of NCC.

If the property donated is a watch, what
is the status?
- Depends on the value of the watch
*If the watch exceeds 5000 pesos it must be made in writing according to Art. 748 of the NCC.
*Assuming for the sake of argument, na 4500 PHP yung watch, what’s the status of the donation?
- It depends. If the property was simultaneously delivered to one or both of the spouses, valid → art. 748 of the NCC.

Question 25

A and B were married in 1985 without a marriage settlement. Si A gave B a house and lot. The status of this transaction?

Answer 25

It depends on when it was donated and the value of the property.

• Before marriage: VALID
• During marriage: Not necessarily void but depending on value of the donation as stated in Art. 87 of the FC -> This is because it may be a moderate gift to them if they are rich.

Question 26

When A and B were married, si A already had a daughter Y, with her prior marriage to X. Now, A and B were married in 1989 without a marriage settlement. Again, house and lot was donated before the marriage by A to B. The status of this donation?

Answer 26

It depends because there is a legitimate descendant that the law protects them.
- Because this is ACP, the 1/5 limit does not apply. All will become community property.
- But since there is a legitimate descendant, if A’s only property is the house and lot to be donated, the one who will be affected will be the daughter.
- Hence, in ACP, it will be separate property of A because he has a legitimate descendant at the time of the solemnization.

Question 27

What if there is a marriage settlement. A 5%, B 95%. Can A donate all his properties to B before the marriage?

Answer 27

NO, it should not be allowed because it will circumvent the law.

This prohibition also applies to those just living together without the benefit of marriage (Matabuena v. Cervantes)

Question 28

The spouses were married in 1988, at 5 PM. At the same date, 10 am, X died. a parcel of land was given to A. After the solemnization of the marriage, the parcel of land will be?

Answer 28

It depends on the property regime.
- before FC: property regime would be CPG, the CPG in FC would be given retroactive effect unless it would impair on vested rights [FC 105]
*By express provision of the law, the property relations commence at the exact moment of the marriage.
*It is exclusive property under Art. 109, Par. 1
- during FC: it would be ACP, the land would be community property

Question 29

Both of them can dispose of their interest without the consent of the other spouse. In ACP however, if the husband sells a conjugal property without the consent of the wife?

Answer 29

Void. you need the consent of both spouses.
must be WRITTEN consent → maski magbigay siya ng consent na not in writing, VOID pa rin ‘yan.
It’s a continuing OFFER, not CONTRACT

Question 30

A and B were married in 1988. Six months before the solemnization of their marriage, A inherited a parcel of land which was then being rented by a third person. Thereafter, A married B. Who will be entitled to the rentals prior to the marriage and during this marriage?

Answer 30

It depends on the property regime.

CPG
Before the marriage → bring property as his own (exclusive property) → all fruits will also be his own property.
As to the rentals accrued during the marriage → these are rentals of the exclusive property under the law sa CPG, conjugal property iyan as stated in Art. 117(3) of the FC.

ACP
Follow: General Rule - Any property already owned by the spouses before the marriage → Becomes the community property as stated in Art. 91 of FC
Accrued before the marriage → community property
Case at hand: Land is community property during the marriage → fruits also form part of community property

Question 31

A bought a house and lot payable in five years. Now, on the second year, A married B. Can the creditor, the seller, run after the conjugal partnership or absolute community?

Answer 31

The creditor cannot always run after the conjugal property

Question 32

A bought a house and lot, payable in 10 years in equal monthly installments. After 5 years, A married B. During this marriage, the monthly payment were taken from the salaries of A and B. Assume that the monthly installments were faithfully paid, and 6 yrs after the solemnization of the marriage, A died. Will this house and lot form the estate of A.

Answer 32

Depends on when the ownership of the property was vested.
Art. 118 states that if the ownership was vested before the marriage, it would be a separate property of the owner-spouse. Hence, it will belong to the estate of A.

If the ownership was vested during the marriage, it would belong to the conjugal partnership. It will not be a part of A’s estate.

In either case, any amount advanced by the partnership or by either or both spouses shall be reimbursed by the owner or owners upon liquidation of the partnership.

Question 33

This time, before the marriage, A inherited a house and lot. But because of earthquakes, during the marriage 5 million was spent for retrofitting of the house. Who will be liable for this expense?

Answer 33

Answer: In CPG → exclusive property of A but CPG will be liable for the expense [Art. 121 (5)]
* there is no requirement that is must be used by the family because the fruits of the property already goes to the CPG

In ACP → depends if it was community property or exclusive property
*community property, ACP will be liable [Art. 94(4)]
* if it was separate property based on the MS, ACP will be liable only if it was USED BY THE FAMILY [Art. 94(5)

Question 34

A lent money to X a year ago. Now, as expressly stipulated in writing, yung borrower, si X, liable for interest of 20% per annum. Money lent: 1M. A married B another year later. Who is entitled to the debt?

Answer 34

Answer: A

ACP -> community property
CPG -> A would be entitled to the principal, but the interests would be CPG [Art. 119]

Computation:
first year principal ay 1M tapos 20% non ay 200k

sa second year yung base na ay 1M + 200k = 1.2M

tapos para makuha interest ng 2nd year dapat malaman yung 20% ng 1.2M = 240k
The rest is exclusive to A.

Question 35

A and B were married 2 years ago. And during this 2 year period, si A was able to save 2M pesos out of his salaries. During this 2 year period also a house and lot was acquired however, today the marriage was declared void. Who is entitled to the 2M? The house and lot shall belong to whom?

Answer 35

Answer: It depends on the reason bakit void

ACP and CPG does not apply if the marriage is void.

Hence, it would be governed by rules on co-ownership either by Art. 147 or 148.

Art. 147 (walang other people affected by cohabitation):
- wages and salaries shall be owned in equal shares
- in the absence of proof to the contrary, property acquired is presumed to be obtained by joint efforts and shall be owned in equal shares (kahit housewife/househusband yung other party)

Art. 148 (may people affected)
- ACTUAL CONTRIBUTION is considered with regards to the property (cannot claim if housewife/househusband)
- for the wages, it’s always equal regardless of contribution

Question 36

In order for the spouses to have a complete separation of property regime. They must have executed a marriage settlement. Correct?

Answer 36

Not necessarily.

Separation of property could occur through:
- LegSep
- Petition on the grounds laid down in Art. 135 CALAAS
- voluntary dissolution, Art. 136