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Question A.5, Civil Law, 2019 Bar Exam

Notice: The following suggested answers simulate those that a bar examinee may provide as an answer to a bar exam question. Thus, specific citations (i.e., republic acts, articles/sections, jurisprudence, etc.) are not provided because it is not required in the bar exam. For purposes other than answering the bar exam, please be reminded that proper referencing or legal citation is required.

Question A.5, Civil Law, 2019 Bar Exam

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%)

(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%)

Suggested Answer:

(a) No. Answer

Under the Civil Code, if the value of the personal property donated exceeds five thousand pesos (Php5,000.00), the donation and the acceptance shall be made in writing, otherwise, the donation shall be void. Rule

In the case at bar, the value of the gold ring is Php250,000.00. To be valid, the donation and acceptance should have been made in writing. Apply

Thus, the donation to Z was not valid. Conclusion

(b) No. Answer

Under the Family Code, donation property nuptias or donations by reason of marriage are those which are made before its celebration, in consideration of the same, and in favor of one or both of the future spouses. On the other hand, under the Civil Code, ordinary donation is an act of liberality whereby a person disposes gratuitously of a thing or right in favor of another, who accepts it. Rule

In the case at bar, an ordinary donation was made, and not a donation propter nuptias. The donation was made in favor of Z, the child of X and Y. The donation was not made in favor X nor Y, which is a requirement for a donation propter nuptias. Apply

Thus, X’s parents may not revoke the donation on the ground that the marriage of X with Y did not push through. Conclusion

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Suggested Answers

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