CAMARINES NORTE SCHOOL OF LAW

Civil Law Review I

Monday
Short Quiz
November 16, 2020

1. Distinguish conjugal partnership of gains and system of absolute community of property.

2. The wife during the marriage sold under pacto de retro her paraphernal property consisting of a house and
lot. A few weeks later, she died. The husband thereupon repurchased the property with his exclusive capital.
Who owns the house and lot? Explain.

3. H, while working on a parcel of land belonging to his wife, W, discovered a box containing some valuable
jewels. Assuming that the ownership of jewels is not known, to whom do they belong? Reasons.

4. A and B, a year after marriage, built a residential house worth P500,000.00 on a land worth P200,000.00
belonging to the latter as paraphernal property, using conjugal funds for its construction. The marital life
proving unhappy, they agreed to separate. Neither took the trouble to obtain judicial separation. Sometime
later, a big fire reduced the house to ashes. Upon the death of B, there was a liquidation of the conjugal
partnership. A, the surviving spouse, contended that the lot should form part of the conjugal estate. The
heirs of B, the deceased wife, claimed that after the house was burned, rendering the lot vacant once more,
it reverted to its status of being paraphernal. Decide the case with reasons.

5. Levy was made on the conjugal property of Johnny and Helen on the basis of the liability of Johnny as
guarantor. Is the levy on the conjugal property proper?

6. After the death of H which terminated his marriage to W, the latter got married to A. W. however, failed to
liquidate the partnership property prior to her marriage to A. During the marriage, W and A acquired various
properties valued at P 12M. Who owns the properties? Explain.

7. H and W have been married for 10 years without children. Desirous to have a baby, they consulted Dr. X, a
prominent medical specialist on human fertility. It was found that H’s sperm count was inadequate to induce
pregnancy. Hence, the couple looked for a willing donor. B, the brother of H, readily consented to donate his
sperm. After a series of test, B’s sperm was medically introduced into W’s ovary. She became pregnant and
9 months later, gave birth to a baby boy.

a. Who is the father of the baby boy? Explain.

b. What are the requirements, if any, in order for H to establish his paternity over the baby boy?

8. W, a married woman, had an affair with M. Upon learning of the affair, her husband of several years, H,
separated from her. Seven months after W’s first illicit intercourse with M, she gave birth to a perfectly
normal child. Subsequently, in representation of her child, she brought an action against M to obtain a
judicial declaration of the illegitimate filiation of the child and for the support of said child.
a. Will the action prosper? Explain.
b. What is the effect of the declaration of W against the legitimacy of the child where the child is
conclusively presumed to be the child of H and W?

9. What are the grounds for impugning the legitimacy of a child?

10. The husband, H, left the Philippines and went to US to work thereat on October 27, 2018 leaving his wife.
The husband did not return to the Philippines until August 24, 2019. May the husband impugn the legitimacy
of said child? Explain.