A.5.

X and Y were in a live-in relationship for the longest time, and were already blessed with
a child, Z. They finally decided to get married on March 15, 2020. When X's parents found
about the news, they were thrilled and thus, donated in favor of Z, the family heirloom,
particularly, a gold ring valued at ₱250,000.00, which X and Y orally accepted on behalf
of their minor child. One day, X and Y got into a serious quarrel, which resulted in them
setting aside their marriage plans.

(a) Is the donation to Z valid? Explain. (3%)

The donation is void.

According to Article 748 of the Civil Code, If the value of the personal property
donated exceeds five thousand pesos, the donation and the acceptance shall be made in
writing, otherwise, the donation shall be void.

The donation cannot be orally accepted for the law provides that the requirement
should be in writing. Therefore, the donation is void for it is not in accordance with the
formalities of the law.

(b) Assuming that the donation to Z is valid, may X's parents revoke the donation on
the ground that the marriage of X with Y did not push through? Explain. (3%)

No. X’s parents cannot revoke the donation for the donation is not a conditional
donation.

The donation made was about X’s parents being thrilled about the decision of X and
Y to get married and was not given because of a condition that X and Y should get married.
Thus, the donation is still valid.

A.6.

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

(a) Absolute community of property (2%)

-Property for personal and exclusive use of either spouse. (Paraphernal property)

-Property acquired before the marriage if the acquiring party has legitimate
descendants (children, grandchildren) by a former marriage. The fruits and
 income of such property are also excluded.

-Property acquired during the marriage by gratuitous title such as by way of

donation or inheritance unless the donor testator or grantor provides that they
shall form part of the community property. So, if one of the spouses inherited a
property during the marriage, his/her future spouse will not co-own that property
as well as the fruits and income therefrom.

(b) Conjugal partnership of gains (2%)

- Exclusive properties prior to marriage

- Properties that are bought/redeemed/bartered with the exclusive money or

property of the wife or husband.