Question A.6, 2019 Civil Law Bar Exam

Atty. Jericho Del Puerto

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

A.6.

(Question A.6, Civil Law, 2019 Bar Exam)

Name at least two (2) exclusions from the following property regimes as enumerated under the Family Code:

(a) Absolute community of property (2%)

(b) Conjugal partnership of gains (2%)

Suggested Answer:

(a) The following are excluded from the ACP:

1) Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well as the income thereof, if any, unless it is expressly provided by the donor, testator or grantor that they shall form part of the community property; and

2) Property for personal and exclusive use of either spouse. However, jewelry shall form part of the community property.

(b) The following are excluded from the CPG:

1) That which is brought to the marriage as his or her own; and

2) That which each acquires during the marriage by gratuitous title.

..

(Notice: The suggested answers simulate those that a bar examinee may provide, and thus specific citations are not provided. Notwithstanding, in the reviewers, the bar exam question is answered under the appropriate topic which discusses the concepts and principles, as well as provide for specific citations. Accordingly, please refer to it on the reviewer or in the Library.)

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