Persons and Family Relations

Module 2

1. Cite the instances when the administration of all classes of exclusive property of either spouse may be
transferred by the court to the other spouse as per Article 142 of the Family Code.

2. The Tingaling children sought the annulment of a deed of sale executed by their parents over their
family residence to the Sps. Yulo for One Million Pesos (PIM). The court annulled the deed of sale but
ordered Sps. Tingaling to give back the purchase price of P1M to the Sps. Yulo. The Sps. Tingaling
failed to pay, thus a writ of execution was issued. Consequently, the sheriff attached the Tingaling’s
residential property to satisfy the court’s order of repaying the Sps. Yulo.
a. The Tingalings were able to prove that at the time of the constitution of the family home, it was
only worth P75K. However, they introduced improvements to the family home in the amount of
Php250,000.00. Is it still exempt from execution?
b. Supposing the property was sold by the sheriff in the amount of Php4M, how much will go to the
Sps. Yulo and how much will be left for the Tingalings?

3. Brigido and Rita got married in 1977 but because Brigido left Rita to live with another woman, Rita in
2000, filed a case for legal separation which was granted. The court decision in 2005 also caused the
judicial separation of the conjugal property of Brigida and Rita, in the following manner: that the
conjugal property consisting of eight properties be divided equally between Brigido and Rita, and that
the net profits earned by the conjugal partnership be forfeited in favor of the common children.
Brigido contested the decision, claiming that his vested rights are affected by the decision.
a. Which provisions on marriage settlement should govern the dissolution of property of Brigido and
Rita, should it be the Civil Code or the Family Code?
b. What is the concept of vested rights?
c. Is Brigido correct with respect to his assertion of vested rights?
d. What do you mean by net profits earned by the conjugal partnership of gains?
e. Outline the process of the process of dissolving the property regime of absolute community of
property of Brigido and Rita in determining net profits.
f. Outline the process of dissolving the property regime of conjugal partnership of gains of Brigido
and Rita in determining net profits.
g. Outline the process of dissolving the property regime of complete separation of property of
Brigido and Rita in determining net profits.

4. Rogelio and Shirley are both OFWs. When they were still sweethearts in 1988, Rogelio asked Shirley
to send him some money to buy a residential property in Marikina. When Shirley came home, she paid
the purchase price of the property in full. Title to the property was placed in the name of Rogelio
alone. They then got married in 1990. They lived in the house that they constructed on the lot. Shirley
then went abroad again. While abroad, she learned that Rogelio brought home Monica and introduced
to everyone that Monica was his wife. She also learned that Rogelio was intending to sell the property,
and in fact he sold the property to his neighbor, Josefina Nobleza, without Shirley’s consent.
a. What properties are excluded from the spouses’ community property as per Article 92 of the
Family Code?
b. Does the Marikina property belong to the absolute community of property?
c. Is the sale of the property by Rogelio to Nobleza valid?

5. Rosca inherited a certain parcel of land in Manila from her mother. In 1992 she fell in love with Luis
Uy, a dashing married man. They bought a Rolls Royce car, as well as a condominium in Greece. To
satisfy other people, they got married in church rites in 1993. But sadly in 2000 they separated ways.
Rosca then sold the Manila lot to Onyok. Luis Uy contested the sale, saying that the same was without
his consent, and thus void.
a. Is Luis correct?
b. What property regime will govern their relationship? How will the properties be divided among
them?
c. To whom will the Manila lot be given under this property regime? What about the Rolls Royce and
the condominium in Greece?

6. Luis and Severina got married but they forgot to get a license for the wedding ceremony. They stayed
together for twenty years and acquired ten lots in various parts of the world. But then Severina saw
 Arnold and so separated with Luis. Luis, also found Lovely, and married Lovely in a lavish wedding
ceremony in Italy. Before they parted ways, Luis and Severina executed a partition agreement with
respect to their ten (10) properties. However, Luis got broke because of this ceremony. So, he filed a
case in court to annul the partition agreement, claiming that, "the separation of property is not
effected by the mere execution of the contract or agreement of the parties, but by the decree of the
court approving the same”. It, therefore, becomes effective only upon judicial approval, without which
it is void.
a. When can a marriage settlement be amended or totally changed during the existence of the
marriage?
b. Is Luis correct?

7. During his marriage to Azucena, Benjamin fell in love with Sally. When Azucena left for the US,
Benjamin and Sally lived together as husband and wife and had two children. The relationship of
Benjamin and Sally ended in 1994 when Sally left for Canada, bringing Bernice and Bentley with her.
She then filed criminal actions for bigamy and falsification of public documents against Benjamin,
using their simulated marriage contract as evidence. Benjamin, in turn, filed a petition for declaration
of a non-existent marriage and/or declaration of nullity of marriage before the trial court on the
ground that his marriage to Sally was bigamous and that it lacked the formal requisites to a valid
marriage. Benjamin also asked the trial court for the partition of the properties he acquired with Sally
in accordance with Article 148 of the Family Code, for his appointment as administrator of the
properties during the pendency of the case. A total of 44 registered properties became the subject of
the partition before the trial court. Aside from the seven properties enumerated by Benjamin in his
petition, Sally named 37 properties in her answer. These 37 properties were inherited by Benjamin
from his father.

Out of the seven properties, only the property covered by TCT No. 61722 was registered in the names
of Benjamin and Sally as spouses. The properties under TCT Nos. 61720 and 190860 were in the
name of Benjamin with the descriptive title "married to Sally." The property covered by CCT Nos.
8782 and 8783 were registered in the name of Sally with the descriptive title "married to Benjamin"
while the properties under TCT Nos. N-193656 and 253681 were registered in the name of Sally as a
single individual.(201061)

You are the judge. How will the 44 properties be partitioned between Sally and Benjamin?

8. Enumerate the rules on the property regime of unions without marriage.

9. The Sps. Vitug mortgaged their family home to Evangeline Abuda for the amount of Php600K. The Sps.
Vitug failed to pay thus Abuda filed a case for judicial foreclosure of mortgage with the RTC. The RTC
rendered a decision granting the foreclosure, thus Abuda applied for execution of decision. The Sps.
Vitug contested the motion for execution on the ground that a family home is exempted from
execution.
a. What are the grounds that will make the execution of a decision prosper, even if the property is a
family home?
b. Are the Sps. Vitug correct?

10. On 23 December 1991, Elvira filed with the Cavite City Regional Trial Court (Cavite RTC) a petition for
legal separation against her husband Alfredo. On 2 January 1992, Elvira filed a notice of lis pendens,
which was then annotated on TCT No. 5357. On 31 August 1993, while the legal separation case was
still pending, Alfredo and Mario Siochi (Mario) entered into an Agreement to Buy and Sell
(Agreement) involving the property for the price of P18 million. Siochi gave an advance payment of
5M as consideration of this agreement. RTC Cavite subsequently issued a decree of legal separation
between Elvira and Alfredo. Thereafter, Alfredo donated the property to their common daughter,
Winifred. Alfredo and Winifred then sold the property to IDRI Corporation.
a. Is the agreement between Alfredo and Siochi valid? Reasons.
b. If the agreement between Alfredo and Siochi invalid, does it constitute a continuing offer on the
part of the consenting spouse and the third person, and may be perfected as a binding contract
upon the acceptance by the other spouse or authorization by the court before the offer is
withdrawn by either or both offerors as per Article 124 of the Family Code.