Question II, Civil Law, 2018 Bar Exam

After finding out that his girlfriend Sandy was four (4) months pregnant, Sancho married Sandy. Both were single and had never been in any serious relationship in the past. Prior to the marriage, they agreed in a marriage settlement that the regime of conjugal partnership of gains shall govern their property relations during marriage. Shortly after the marriage, their daughter, Shalimar, was born.

Before they met and got married, Sancho purchased a parcel of land on installment, under a Contract of Sale, with the full purchase price payable in equal annual amortizations over a period of ten (10) years, with no down payment, and secured by a mortgage on the land. The full purchase price was PhP1 million, with interest at the rate of 6% per annum. After paying the fourth (4th) annual installment, Sancho and Sandy got married, and Sancho completed the payments in the subsequent years from his salary as an accountant. The previous payments were also paid out of his salary. During their marriage, Sandy also won PhP1 million in the lottery and used it to purchase jewelry. When things didn't work out for the couple, they filed an action for declaration of nullity of their marriage based on the psychological incapacity of both of them. When the petition was granted, the parcel of land and the jewelry bought by Sandy were found to be the only properties of the couple.

(a) What is the filiation status of Shalimar? (2.5%)

(b) What system of property relationship will be liquid...

 



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