Alvarez, Justine S.

Persons and Family Relations

1) The total amount of the absolute community of property of the couple amounted to P3,000,000.
Upon the death of the wife Petra, the property regime will be liquidated between the husband and
the wifes heir. However, debts and obligations must first be deducted from the liquidated
conjugal property regime. Article 94, paragraph 3 of the family code provides: Debts and
obligations contracted by either spouse without the consent of the other to the extent that the
family may have been benefited will be charged from the absolute community of property. It
shall be presumed that the debts or obligations incurred by either spouse resulted to the benefit of
the family. The late Petra had a personal obligation of P500,000 and Juan had an obligation of
P10,000 that were paid out of conjugal funds. Both will be deducted from the liquidated conjugal
property regime. The total liquidated amount of P2,490,000 now will be divided equally between
Juan and Petras heirs. Juan is entitled to half of the liquidated property regime and his share will
be 1,245,000 in total. The remaining P1,245,000 will now be equally divided between Petras 3
heirs which will be P415,000 for each heir.

2) The late Juan had two exclusive and separate properties before the marriage. The first one is
located in Lareg Lareg, Malasiqui, Pangasinan and it is worth P100,000. The second one is the
property located in Lucao, Dagupan City and it is worth P500,000. It must be noted however that
a P1,000,000 worth building was constructed using conjugal funds in the property of Juan in
Lucao. Article 120, paragraph 2 of the family code provides: When the cost of the improvement
made by the conjugal partnership and any resulting increase in value are more than the value
of the property at the time of the improvement, the entire property of one of the spouses shall
belong to the conjugal partnership, subject to reimbursement of the value of the property of the
owner-spouse at the time of the improvement. Therefore, we can infer that the property of Juan
in Lucao now belongs to the conjugal partnership since the improvement costs were higher than
the original value of the property. The late Juan had obligations worth P60,000 and it was paid
through the conjugal funds. Consequently, P60,000 will be deducted from Juans exclusive
property which is the P100,000 and it will be paid to the conjugal partnership. All in all, Juans
exclusive assets amount to P40,000 when liquidated. The conjugal partnership that is worth
P560,000 will be distributed equally to the heirs. P280,000 will be given to Petra and the
remaining P280,000 will be divided equally to his three heirs. Furthermore, the P40,000 funds
from Juans exclusive property will be divided equally for his three heirs. All in all, each of Juans
heir will get P106,000.

3) All in all, A was married three times (B, C, and D) for a total of 40 years and with an asset of
P20,000,000. Since there was no evidence as to the source of the ownership of the properties,
Article 104 of the Family Code will apply. The said article provides: In case of doubt as to
which community the existing properties belong, the same shall be divided between or among
the different communities in proportion to the capital and duration of each. A was married to
B for 20 years so the share of the heirs of this marriage will be 20/40 or P10,000,000. A was
married to C and D for the same duration which was 10 years so the share of each marriage will
be 10/40 or P5,000,000. Consequently, the heirs of each marriage will get P5,000,000 each.