Property Relations between Husband & Wife & Donations by Reason of Marriage and Absolute

Community of Property:

1. A & B both Filipino citizens met and fell in love and married in Spain. What law will
govern their property relations?

2. What are the distinctions between donation propter nuptias and ordinary donations?

3. Alfred & Babes, engaged and planned their marriage on February 14, 2019. On January
31, the parties entered into an agreement wherein they both agreed to be governed by
the conjugal partnership of gains in writing. Unfortunately, on February 5, 2019, they
broke off and called off the wedding.
a. What will become of the marriage settlement?. Why?
b. Assume that they have a love child and Alfred recognized their child in the marriage
settlement, would the document adversely affect the child

4. Alfred and Babes set their wedding on February 14, 2019. On January 31, Alfred donated
a house and lot to Babes, but which property was mortgaged for 2million.
a. Is the donation valid?
b. Assume that after the wedding and two years later, the property was foreclosed due to
non-payment, what is the effect of the foreclosure on the donation?
c. Assume that the marriage did not push through, what happens to the donation?

5. Under what instances may a donation propter nuptias be revoked?

6. What properties of the spouses do not redound to the absolute community of property?

7. X and Y are married. A, father of X, donated a parcel of land to him. Is the property a
part of the absolute community of property or the conjugal partnership? Explain.

8. A and B are married. They have two (2) children. During the marriage, they acquired
properties. A died, hence, B got married to C. do the properties of B which were
acquired in the previous marriage with A form part of the absolute community of
property in her marriage with C? Why?

9. X and Y are married with three (3) children. X abandoned the wife and children and lived
with Z. A friend, B, entered into a contract of loan with PNB whereby X became a
guarantor. B failed to pay the obligation; hence, B, X, and Y were sued. Judgment was
rendered. Can the community of property of X and Y be held liable? Why?

10. A, a bachelor, owns a parcel of land. He built a house on the said land from the
proceeds of a loan contracted prior to his marriage with B. The house now serves as
 their residence. The loan, however, became due and demandable five (5) months after
their marriage. Is the conjugal partnership or the absolute community of property
liable? Why?

11. Is there a presumption that the obligations incurred by one of the spouses during the
marriage are charged against their community of property?

12a. Who administers the absolute community of property?

b. When may the administration be transferred to one spouse?

12. On October 31, 1995, the wife obtained a loan secured by a Real Estate Mortgage over
a real proper under their names but without the consent of the husband. She issued
checks as partial payments but the same were dishonored, hence, the creditor filed a
complaint for Foreclosure of the Mortgage. The RTC dismissed the case as the mortgage
was executed without the consent of the husband even as it noted that he executed a
Special Power of Attorney for the wife to execute the mortgage on November 4, 1995.
The RTC however ruled that the subsequent execution of the SPA cannot be made to
retroact to the date of the execution of the real estate mortgage. Is the ruling correct?
Why?

13. If the husband and wife are living separately from one another and one of them sells a
conjugal property without the consent of the other, is the sale valid? Why?

14. When is a spouse deemed to have abandoned the other?

15. In case of liquidation of the absolute community of property, what rule shall be
followed?

16. May a spouse perform acts of administration alone over their properties without the
consent of the other? Explain.

17. Spouses X and Y negotiated for the sale of a property belonging to them. When the
contract of sale was signed the wife refused to sell but the husband proceeded with it
without his wife’s consent. Is the sale valid? Why?

18. When is court authorization in the sale of conjugal properties resorted to? Explain.
 19. X and Y are married. They acquired properties during their coverture. They had two (2)
children. X died in 1980. There was no liquidation of their community of property. Y
contracted a subsequent marriage with Z. They acquired properties and had two
children. Z died. What rules shall apply in the liquidation of the community of
properties? Explain.

Cases:

1. Matabuena vs. Cervantes, 38 SCRA 284

2. Gercio vs. Sun Life Assurance Co. of Canada (48 Phil. 53)
3. Villanueva vs. IAC, 192 SCRA 21
4. BA Finance Corporation vs. CA, G.R. No. L-61464, may 28, 1988
5. Recaña vs. CA, 349 SCRA 24 (2001)
6. Homeowners Savings & Loan Bank vs. Miguela Dailo, G.R No. 153802, March 11, 2005,
(Tinga, J.)
7. Ayala Investment & Dev. Corp. vs. Court of Appeals, 349 Phil. 942
8. Castilex Industrial Corp. vs. Vasquez, Jr., 378 Phil. 1009 (1999)
9. Arturo Sarte Flores v. Sps Enrico & Edna Lindo, GR. No. 183984, April 13, 2011
10. Sps. Cirelos vs. Sps. Hernandez, et al., G.R. No. 146523, June 15, 2006
11. Thelma Jader Manalo vs. Norma Fernandez, et al., G.R. No. 147928, January 23, 2002

The following students will download the summary of the following cases

Lagajino ------ Cases Nos. 1 & 20

Tejero --------- Case Nos. 2
Manuel ------- Case Nos. 3
Edel ------------Case Nos. 4
Tribunalo -----Case Nos. 5
Ignao ----------Case Nos. 6
Lumogdang---Case Nos. 7
Molina ---------Case Nos 8
Nevado --------Case Nos. 9
Lugtu ----------Case Nos. 10
Gregorio ------Case No. 11
Tamayo -------Case No. 12
Villanera ------Case No. 13
Sudario--------Case No. 14
Lacerna -------Case No. 15
Ramirez ------ Case No. 16
Santiago------ Case No. 17
Arrojado----- Case No. 18
Cada---------- Case No. 19