22 September 2018

- X died a week ago. After his death, a TCT was found anent land in Baguio city. With registration,
X married to Y. Land was registered in the name of X during the marriage between X and Y. Is this
parcel of land part of the estate of X. depends on the marriage settlement.
- Marriage Settlement shall of course depend on the time when it was celebrated, i.e. during the
NCC or during the effectivity of the FC.
- If under CPG, the property was acquired, without any rebuttal to prove otherwise, the
presumption of it under Art. 116 would apply, conjugal property.
- Exclusive despite presumption: (1) Separate funds of spouses was used, (2) property was
gratuitous but expressed to be separate, (3) Property by substitution.
- X and b were married at 5 pm, 1988. Sans marriage settlement. At 10 during the day, x died. In
the will of X, a parcel of land was given to A. would this be an exclusive property of A?
- “Before the effectivity of the Family Code”
- Days before the marriage, they executed a marriage settlement where they agreed that the
property regime will be ACP. Solemnized in 1990. -> there can be exclusions of property, yet the
spouses will adopt ACP, expressly
- Two days before the marriage, A inherited a parcel of land.
- In the marriage CPG, then they agreed that the start of the property relations is execution of
marriage settlement. Land was acquired by A before the marriage.
- A inherited building with tenants, 1 January 2012. He was married to B 1 July 2012. The tenants
paid 1 January 2013. The rentals and the property will belong to whom?
- A bought a house and lot payable in ten years. For the first five years, he used his salaries for the
amortization. After five years, he married B. After the marriage, the amortization was paid by the
salaries of the spouses. What if three months before the 10th year, A died. Will it form part of A’s
estate?
- Mentioned conditional sale. In the facts above, if ownership only passes upon full payment, it
would change the situation, especially if the property regime is CPG.
- A is a money lender. He lent money to X, Php 1M with an express stipulation that interest would
have to be paid--payable in two years. Contract was perfected 1 July 2012. As agreed upon, X paid
1 July 2014. A was married on 1 July 2013.
- Change in legal interest began 1 July 2013 per Bangko Central Circular. Before that date is 12 per
cent interest rate. 1 July 2013 onwards, the interest is now 6 per cent.
- In the case above, the total interest for two years is Php 180K (Php 120K + Php 60K).
- Asked for the instances when there could be a separation of property
- A and B were married, but this marriage was declared void. Before the void declaration, A was
able to save 1M in a bank, both bought a condominium and then B inherited land. What property
regime shall be applicable? After the nullity, how will the property be divided?
- As long as no third person is involved, apply 147 (questionable)
- Money will be split by them, so is the condo unit, co-ownership will apply. Land is not included
since it’s inherited. Such is the case under 147.
- If 148 is involved, the division of the properties will further depend on whether or not A or B had
a previous marriage per par. 2 of 148. Still, everything would be pretty much separate.