Art 74: Property relations between husband and wife may be governed by:

(MPL)
(1) Marriage Settlements executed before the marriage
(2) Provisions of this code
(3) Local customs

Before Family Code (August 8, 1988)- Conjugal Property of Gains

General Rule after Family Code- Absolute Community Property

Art 77: Marriage settlements may be valid: (BWE)

(1) Made BEFORE the celebration of the marriage
(2) Made in WRITING, SIGNED by the parties
(3) EXECUTED before the celebration (notarized)
**Shall not prejudice third party

Modi cation of Marriage Settlements: (LASP)

GR: Must be made before the marriage ceremony in writing and signed by both parties
XPN: - Legal Separation, incase of revival of former property regime between reconciling
spouses
- Abandoned Spouse les for petition for declaration of judicial separation of properties
under Art 128 (no intention of return for 3 months)
- Spouse les for judicial separation of property for su cient cause under Art 135 (Civil
interdiction, judicially declared absentee, loss of parental authority decreed by the court,
abandonment/fail to comply marital obligations, spouse granted power of administration has
abused the power, spouses have been separated for at least 1 year and reconciliation is
improbable)
- Petition for voluntary dissolution of property under Art 136 (to be led jointly)

Absolute Community Property

GR: Community property shall consist of all property owned by the spouses at the time of the
marriage or acquired thereafter
XPN: - Property, including fruits and income thereof acquired BEFORE the marriage by either
spouse who has legitimate descendants by a former marriage
- Property for personal and exclusive use except jewelry
- Property acquired during the marriage by Gratuitous title, including fruits and income
thereof, except when the donor, testator or guarantor expressly provides otherwise
- As otherwise, provided by law or in marriage settlement

Conjugal Partnership of Gains

- shall be governed by the rules on the contract of partnership

Art 86: Grounds for revocation of donation in marriage: (Not-VP-ARAL)

(1) Marriage not celebrated or declared Void ab intio, except those donations made in the
marriage settlements that do not depend on celebration of marriage
(2) Marriage takes place without Parental Consent
(3) Marriage is Annulled and done in bad faith
(4) Upon Legal Separation, the donee being the guilty spouse
(5) Donation is with a Resolutely condition and the condition implied with
(6) Donee commits Acts of ingratitude
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 Art 99: Grounds for Termination of ACP: —- (SAD-JR)
(1) When there is degree of legal Separation
(2) When the marriage is Annulled of declared void
(3) Upon the Death of either spouse
(4) In case of Judicial separation of properties during the marriage under Art 134 to 138
(5) Upon ling o Reappearance of the absent spouse

Art 101 and 128: Remedies of Spouse in case of Abandonment of Failure to

comply with Marital Obligation (period of 3 months)—- RJA
(1) Receivership
(2) Judicial separation of property
(3) Authority to be the sole administration of community or conjugal properties

Art 164: Legitimate Children (MAAVS)

(1) Conceived or born Mothers who might have declared against its legitimacy or was
sentenced as an adulteress
(2) Those conceived or born before the judgement of Annulment or absolute nullity of marriage
has become nal and executory if the ground is Art 36
(3) Product of Arti cial insemination of the wife
(4) Those conceived or born during a Valid Marriage
(5) Those born in a Subsequent void marriage due to failure to comply with Art 52 and 53

Art 166: Grounds for impugning legitimacy (PBC)

(1) Physical Impossibility of the husband to have sexual intercourse with his wife within the rst
120 days of the 300 days immediately preceding the child’s birth
(a) Physical incapacity of the husband (impotency)
(b) Spouses are living separately
(c) Serious illness of the husband to perform sexual intercourse
(2) Biological or scienti c proof (DNA) that the child could not have been that of the husband
(3) Vitiated Consent in arti cial insemination

Art 170: Prescriptive period to impugn legitimacy

1 year- (from knowledge of birth) if the husband or heirs live in the same city/municipality where
the birth took place
2 years- if both reside in the Philippines
3 years- (if the birth took place in the PH) while the husband has his residence abroad
If unknown to the husband- the period shall be counted from the discovery or knowledge of
the birth of the child or of the fact of registration whichever is earlier

RA 8552: Who may Adopt?

(1) Filipino Citizen (LPG CONE)
- Legal age
- In a Position to support and care for his/her children
- Good Moral Character
- In possession of full Civil capacity or legal rights
- at least 16 year old Older than the adoptee
xpn: adopter is the biological parent
adopter is the spouse of the adoptee’s parent
- has Not been convicted of any crime involving moral turpitude
- Emotionally and psychologically capable of caring for children
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 (2) Alien (S-DELL)
- Same quali cation as a Filipino
- country has Democratic relations with the Philippines
- certi ed by said o ce that his govt allows the adoptee to Enter his country as his
adopted child
- has been Living in the Philippines for at least 3 continuous years prior to the
application for adoption
- certi ed to have Legal capacity to adopt by his/her diplomatic or consular o ce

RA 8556 sec 19 : Grounds for rescission of the adoptee: (PASA)

(1) Physical or verbal maltreatment
(2) Attempt on the life of the adoptee
(3) Sexual assault or violence
(4) Abandonment or failure to comply with parental obligations

CC Art 919: Disinheritance of Adoptee by Adoptor: (GAMM CARD)

(1) Groundless accusation against the testator of a crime punishable by 6 years or more of
imprissonment
(2) Found guilty of an Attempt against the life of the testator, his/her spouse, descendants or
ascendants
(3) Causes the testator to Make or change a testator’s will through violence, intimidation, fraud
(4) Maltreatment of the testator by word or deed
(5) Conviction of a crime which carries the penalty of civil interdiction
(6) Adultery or Concubinage with testator’s spouse
(7) Refusal without justi able cause to support the parent or ascendants
(8) Leads a Dishonorable or disgraceful life

Art 216: Substitute Parental Authority (SOC)

(1) Surviving grandparents
(2) Oldest brother or sister, over 21 years old unless un t or disquali ed
(3) Custodian over 21 years old unless un t or disquali ed

Art 228: Permanent Termination of Parental Authority (DEDS)

(1) Death of the parents
(2) Emancipation of the child
(3) Death of the child
(4) If the person exercising parental authority has subjected the child to Sexual Abuse

Art 229: Temporary Termination (AGAD-I)

(1) upon Adoption of the child
(2) Upon appointment of a General Guardian
(3) Upon judicial declaration of Abandonment of the child in a case led for the purpose
(4) Upon nal judgement of a competent court Divesting the party concerned of parental
authority
(5) Upon judicial declaration of absence or Incapacity of the person exercising parental
authority

Art 231: Court in action for suspension of parental authority (ECCA)

(1) treats child with excessive harshness or cruelty
(2) Gives the child Corrupting order, consult or example
(3) Compels the child to beg
(4) Subjects the child or allows him to be subjected to Acts of lasciviousness
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