Defenses:

1. According to the law, any marriage celebrated without pre-nuptial agreement before the
effectivity of the Family Code in 1988, follows the conjugal partnership of gains as the property
regime (CPG). The regime of conjugal partnership of gains means that only those properties acquired during the
marriage through the efforts or industry of either or both spouses as well as the income or fruits of their exclusive
properties that accrue during the marriage will compromise the conjugal partnership . Under the regime of absolute
community property, all properties owned by the spouses before the marriage and those that they acquire during the
marriage shall form part of the absolute community and is shared equally by husband and wife

Barry and Isa’s marriage in 1970 follows CPG unless we allege that they had a prenuptial agreement
which they will follow absolute community of property. Draft Prenup agreement prior marriage of the
two stating that they will follow absolute community of property.

2. History of the land.

Consideration: The land is registered under Isa Nuevo even if she was married to Barry. It was
an original Certificate of title

Note:
Excluded from the system of absolute community of property are:

1) properties acquired by you or your future spouse during your marriage through gratuitous title including the
fruits from and income thereof;

2) properties for each of your personal and exclusive use, and

3) properties acquired by either of you before your marriage where either of you have legitimate descendants
under a former marriage, including the fruits from and income thereof.

We, therefore, need to prove that land was a conjugal property of Barry and Isa. In addition, we need to
create a scenario where the land was not of gratuitous origin but a legitimate sale with sufficient and
adequate consideration, that will be registered for the first time.

We can allege that said land was a portion of her sisters’ inheritance, sold to her in sufficient
consideration. Draft Deed of Sale between Sister and Isa, date: before 1965. It was registered under
her name since she wanted to keep the legacy of her sister.

Barry’s Death Certificate

Deed of Sale Between Isa’s Sister and Isa

Extrajudicial Settlement Between Isa and Larry, but since Larry was a minor that time, he was
represented by his grandmother, mother of Barry. Grandmother died, thus land was still under the
supervision of Isa.