PFR Finals

PRF-1 FINALS COVERAGE
ARTICLE 92- The following are excluded from the Community Property:
1. Property acquired during the marriage by gratuitous title by either spouse, and the fruits as well
as the income thereof
2. Property for personal and exclusive use of either spouse
3. Property acquired before the marriage by either spouse who has legitimate descendants by a
former marriage
PROPERTIES ACQUIRED DURING THE MARRIAGE BY GRATUITOUS TITLES, REQUISITES:

1. Must be acquired during marriage
2. Must be acquired by either spouse
3. The donor, testator, or grantor does not expressly provided that they shall form part of the
community property
ABSOLUTE COMMUNITY:
1. All properties of the spouses, whether acquired before the marriage or during the marriage
2. Proof acquisition during the coverture must not be considered a condition sine qua non for the
operation of the presumption in favor of the absolute community
CONJUGAL PARTNERSHIP:
1. Only properties acquired during marriage
2. Necessary to prove the property was acquired during marriage to invoke presumption in favor of
conjugality
3. Proof of acquisition is a condition sine qua non for the operation of the presumption in favor of
the conjugal partnership
ARTICLE 94- THE ABSOLUTE COMMUNITY OF PROPERTY SHALL BE LIABLE FOR:

1. The support of the spouses, their common children, and legitimate children of either spouse
2. All debts and obligations contracted during the marriage by the designated administrator-
spouse for the benefit of the community, or by both spouses, or by one spouse with the consent
of the other
3. Debts and obligations contracted by either spouse without the consent of the other to the
extent that the family may have been benefited
4. Ante-nuptial debts of either spouse insofar as they have redounded to the benefited of the
family
5. Expenses of litigation between the spouses unless the suit is found to be groundless
 If the community property is insufficient to cover the foregoing liabilities, except those falling
under paragraph 9, the spouses shall be solidarily liable for the unpaid balance with their
separate properties.
ARTICLE 99- THE ABSOLUTE COMMUNITY TERMINATES:
1. Upon the death of either spouse
2. When there is a decree of legal separation
3. When the marriage is annulled or declared void
4. In case of judicial separation of property during the marriage under articles 134-138
ARTICLE 100- THE SEPARATION IN FACT BETWEEN HUSBAND AND WIFE SHALL NOT AFFECT THE
REGIME OF ABSOLUTE COMMUNITY EXCEPT THAT:
1. The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not
have the right to be supported
2. When the consent of one spouse to any transaction of the other is required by law, judicial
authorization shall be obtained in a summary proceeding
3. In the absence of sufficient community property, the separate property of both spouses shall be
solidarily liable for the support of the family.
EFFECTS OF ABANDONMENT:
1. The spouse who leaves the conjugal home or refuses to live therein, without just cause, shall not
have the right to be supported
2. The aggrieved spouse may petition the court for receivership, for judicial separation of property
or authority to be the sole administrator of the absolute community
3. The aggrieved spouse may petition for legal separation if the abandonment lasts for more that 1
year
ARTICLE 117- THE FOLLOWING ARE THE CONJUGAL PARTNERSHIP PROPERTIES:

1. Those obtained from the labor, industry, work or profession of either or both of the spouses
2. The fruits, natural, industrial, or civil, due or received during the marriage from the common
property, as well as the net fruits from the exclusive property of each spouse
3. The share of either spouse in the hidden treasurer which the law awards to the finder or owner
of the property where the treasure is found
4. Those acquired through occupation such as fishing or hunting
5. Those which are acquired by chance, such as winning from gambling shall be borne exclusively
by the loser-spouse
ARTICLE 141- The spouses may in the same proceedings where separation of property was decreed,
file a motion in court for the decree reviving the property regime that existed between them before
the separation of property in any of the following instances:
1. When the civil interdiction terminates

2. When the absentee spouse reappears
3. When the spouse who has left the conjugal home without decree of legal separation
resumes common life with the other
4. When parental authority is judicially restored to the spouse previously deprived thereof
5. When the spouse who have separated in fact for at least ONE YEAR, reconcile and resume
common life
ARTICLE 154- The beneficiaries of a family home are:
1. The husband and wife, or unmarried person who is the head of a family
2. Their parents, ascendants, descendants, brothers and sisters, whether the relationship be
legitimate or illegitimate, who are living in the family home and who depend upon the head of
the family for legal support
ARTICLE 167- Physical impossibility may be caused:

1. By the impotence of the husband
2. By the fact husband and wife were living separately in such a way that access was not possible
3. By the serious illness of the husband
WHO CAN IMPUGN CHILD’S LEGITIMACY:

1. Father
2. Father’s heirs
a. if the husband should die before the expiration of the period fixed for bringing his action
b. if the husband should die after the filing of the complaint without having desisted therefrom
c. if the child was born after the death of the husband
GROUNDS TO IMPUGN CHILD’S LEGITIMACY:

1. physical impossibility to have sexual intercourse
2. biological or other scientific reasons
3. in case of artificial insemination
ARTICLE 172- The filiation of legitimate children is established by any of the following:
1. the record of birth appearing in the civil registrar or a final judgment
2. an admission of legitimate filiation in a public document or a private handwritten instrument
and signed by the parent concerned
ARTICLE 174- Legitimate children shall have the right:

1. to bear the surnames of the father and the mother, in conformity with the provisions of the civil
code on surnames
2. to receive support from their parents, their ascendant, and in proper cases, their brothers and
sisters, in conformity with the provisions of this code on support
3. to be entitled to the legitimate and other successional rights granted to them by the civil code
ARTICLE 184- The following persons may not adopt:

1. the guardian with respect to the ward prior to the approval of the final accounts rendered upon
the termination of their guardianship relation
2. any person who has been convicted of a crime involving moral turpitude
3. an alien except a former Filipino citizen, one who is married to a Filipino citizen and the one who
seeks to adopt the legitimate child of his or her Filipino spouse
ARTICLE 185- Husband and wife must jointly adopt, except in the following cases:
1. when one spouse seeks to adopt his own illegitimate child
2. when one spouse seeks to adopt the legitimate child of the other
ARTICLE 187- the following may NOT be adopted:
1. a person of legal age, unless he or she is a child by nature of the adopter or his or her spouse. Or
prior the adoption, said person has been consistently considered ad treated by the adopter as
his or her own child
2. an alien with whose government the Republic of the Philippines has no diplomatic relations,
3. a person who has already been adopted unless such adoption has been previously revoked or
rescinded
4. the legitimate and adopted children, TEN YEARS of age over of the adopting parent or parents
5. the illegitimate children, TEN YEARS of age or over of the adopting parent, if living with said
parent and the latter’s spouse
6. the spouse, if any, of the person adopting or to be adopted
FILIPINO ADOPTER MUST BE:

1. of legal age
2. at least 16years older than the adoptee unless the adopter is the biological parent of the
adoptee
3. in possession of full civil capacity and legal right
4. of good moral character and not convicted of an offense involving moral turpitude
5. emotionally and psychologically capable of caring for the children and in position to support and
care for his or her children
ALIEN ADOPTER:
1. has same qualifications as Filipino adopter
2. has been certified by his/her diplomatic or consular office
3. his/her country must have diplomatic relations with the Philippines
4. has been residing in the Philippines for the past 3 YEARS prior the filing of the application for the
adoption
CANNOT BE RENOUNCED OR TRANSFERRED UNDER THE PARENTAL AUTHORITY

1. the rights and duties of parental authority cannot be renounced or waived except only in cases
of adoption guardianship, surrender of children in children’s home
2. only temporary custody shall be lodge to a friend or godparent
WHO MAY EXERCISE SUBSTITUTE PARENTAL AUTHORITY

1. Grandparents as provided for under Art. 214
2. Older brother or sister, over 21 years old, unless unfit or disqualified
3. The child’s actual custodian, over 21 years. Unless unfit or disqualified
FOUNDLING- refers to a deserted or abandoned infant or child whose parents are unknown
ABANDONED CHILD- refers to one who has no proper parental care or guardianship
NEGLECTED CHILD- is one whose basic needs have been inadequately attended to, physically or
emotionally
ARTICLE 228- Parental authority terminates permanently
1. Upon the death of the parents
2. Upon the death of the child
3. Upon emancipation of the child
ARTICLE 229- Unless subsequently revived by a final judgment, parental authority also terminates:
1. Upon the adoption of the child
2. Upon appointment of general guardian
3. Upon the judicial declaration of abandonment of the child in case filed for the purpose
4. Upon final judgment of a competent court directing the party concerned of parental authority
5. Upon judicial declaration of absence or incapacity of the person exercising parental authority
ARTICLE 231- The court in an action filed for the purpose in a related case may also suspend parental
authority if the parent or the person exercising the same:
1. Treats the child with excessive harshness or cruelty
2. Gives the child corrupting orders, counsel or example
3. Compels the child to beg
4. Subject the child or allows him to be subjected to acts of lasciviousness
ARTICLE 305- The duty and the right to make arrangements for the funeral of a relative shall be in
accordance with the order established for support, under article 294.
CARE AND EDUCATION OF CHILDREN
ARTICLE 356- EVERY CHILD:

1. Is entitled to parental care
2. Shall receive at least elementary education
3. Shall be given moral and civic training by the parents or guardians
4. Has a right to live in an atmosphere conducive to his physical, moral and intellectual
development
ARTICLE 357- EVERY CHILD SHALL:

1. Obey and honor his parents or guardians
2. Respect his grandparents, old relatives, and persons holding substitute parental authority
3. Exert his utmost for his education and training
4. Cooperate with the family in all matters that make for the good of the same
USE OF SURNAMES
ARTICLE 364- Legitimate and legitimated children shall principally use the surname of the father
ARTICLE 365- An adopted child shall bear the surname of the adopter
ARTICLE 370- A married woman may use:
1. Her maiden first name and surname and add her husband’s surname
2. Her maiden first name and her husband’s surname
3. Her husband’s full name, but prefixing a word indicating that she is his wife, such as “Mrs.”

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PRF-1 FINALS COVERAGE

PROPERTIES ACQUIRED DURING THE MARRIAGE BY GRATUITOUS TITLES, REQUISITES:

ARTICLE 94- THE ABSOLUTE COMMUNITY OF PROPERTY SHALL BE LIABLE FOR:

ARTICLE 117- THE FOLLOWING ARE THE CONJUGAL PARTNERSHIP PROPERTIES:

1. When the civil interdiction terminates

ARTICLE 167- Physical impossibility may be caused:

WHO CAN IMPUGN CHILD’S LEGITIMACY:

GROUNDS TO IMPUGN CHILD’S LEGITIMACY:

ARTICLE 174- Legitimate children shall have the right:

ARTICLE 184- The following persons may not adopt:

FILIPINO ADOPTER MUST BE:

CANNOT BE RENOUNCED OR TRANSFERRED UNDER THE PARENTAL AUTHORITY

WHO MAY EXERCISE SUBSTITUTE PARENTAL AUTHORITY

CARE AND EDUCATION OF CHILDREN

ARTICLE 356- EVERY CHILD:

ARTICLE 357- EVERY CHILD SHALL:

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