TAX DEFERRAL

such incapacity continues and appears to be incurable

- Permanent inability on the part of one of the spouses to perform the complete act of sexual intercourse (must be incurable).

- Can originate from a psychological problem, which affects the physical.

- Must exist at the time of the marriage. - May be caused both by husband and wife. NO RATIFICATION by cohabitation

Exception: Sterility is not considered impotency because he can still engage in sexual coition. Organs for conception not necessary because there is still passion.

Party to file the suit: Within 5 years after the marriage ceremony

Rule of triennial cohabitation: presumption of impotence arises when wife remains a virgin after 3 years from the time of marriage. 6. That either party was afflicted with a sexually-

transmissible disease found to be serious and appears to be incurable

No ratification by cohabitation

Art. 48: In all cases of annulment or declaration

of absolute nullity of marriage, the Court shall order the prosecuting attorney or fiscal assigned to it to appear on behalf of the State to take steps to prevent collusion between the parties and to take care that evidence is not fabricated or suppressed

In the cases referred to in the preceding paragraph, no judgment shall be based upon a stipulation of facts or confession of judgment

- The state will ensure the prevention of collusion between the parties (who may make up a ground to annul the

marriage) and to ensure that the evidence is not fabricated

- No judgment shall be based on a confession and a stipulation of facts only.

Art. 49: During the pendency of the action and

in the absence of adequate provisions in a written agreement between the spouses, the Court shall provide for the support of the spouses and the custody and support of their common children. The Court shall give paramount consideration to the moral and material welfare of said children and their choice of the parent with whom they wish to remain as provided to in Title IX. It shall also provide for appropriate visitation rights of the other parent.

- While trial is on going the support of the spouses and custody of the children shall be governed by whatever agreement the parties have made. If none then they shall be supported from the absolute community of property or conjugal partnership of gains.

- The court may however make the necessary adjustments in case the agreement is inadequate.

* In nullity cases, if the marriage is deemed to be void then the one who got support should return it with legal interest to the person who furnished support since such person was not entitled to the support there being no marriage.

Art. 50: The effects provided for by paragraphs

(2), (3), (4) and (5) of Article 43 and by Article 44 shall also apply in the proper cases to marriages which are declared ab initio or annulled by final judgment under Articles 40 and 45.

The final judgment in such cases shall provide for the liquidation, partition and distribution of

Article 43: effects of termination of subsequent marriage (liquidation, disposition, donation, insurance, inheritance)

Article 44: Both spouses of the subsequent marriage are in bad faith the marriage shall be void

Article 40: Final judgment declaring a marriage was void for a subsequent marriage.

*The judgment and decree of nullity or

annulment will become final upon the expiration of 15 days from the receipt of the parties of the decision. (Thus any marriage prior to the 15 days may be considered bigamous since the marriage is still subsisting at that time.)

the properties of the spouses, the custody and support of the common children, and the delivery of third presumptive legitimes, unless such matters had been adjudicated in previous judicial proceedings.

All creditors of the spouses as well as of the absolute community or the conjugal partnership shall be notified of the proceedings for

liquidation.

In the partition, the conjugal dwelling and the lot on which it is situated, shall be adjudicated in accordance with the provisions of Articles 102 and 129.

- In all other cases of a void marriage the property regime will be governed by Art. 147 (wages and salaries owned by them in equal shares property governed by co-ownership) Art. 148 (properties acquired through joint

contributions only and divided in proportion to their contributions)

Art. 51: In said partition, the value of the

presumptive legitimes of all common children, computed as of the date of the final judgment of the trial court, shall be delivered in cash, property or sound securities, unless the parties, by mutual agreement judicially approved, had already provided for such matters.

The children or their guardian or the trustee of their property may ask for the enforcement of the judgment.

The delivery of the presumptive legitimes herein prescribed shall in no way prejudice the ultimate successional rights of the children accruing upon the death of either of both of the parents; but the value of the properties already received under the decree of annulment or absolute nullity shall be considered as advances on their legitime.

Presumptive Legitime: Part of the property of the testator, which cannot be disposed of because the law has reserved it for certain compulsory heirs. The decree of annulment or nullity of marriage provides for the delivery of the presumptive legitimes this is in order to protect the legitime of the children from subsequent marriage.

Ex. If A husband of B dies, their child C will inherit a legitime from A’s properties. In this case there is no death thus the legitime is presumed (what A’s properties would be if he died at this time) and that is what is given to C.

• In the event that the either or both parents die later on the presumptive legitime given is considered an advance on their legitime and are just given the remaining balance due them.

• In void marriages other than that provided for in Art. 40, the presumptive legitime is not delivered.

* The children or the guardian may seek the enforcement for the delivery of the presumptive legitime.

judgment of annulment or absolute nullity of the marriage under Article 36 has become final and executory shall be considered legitimate. Children conceived or born of the subsequent marriage under Article 53 shall likewise be legitimate.

outside a valid marriage or inside a void marriage are illegitimate except those coming from a marriage void due to psychological incapacity and those due to lack of judicial decree of nullity or liquidation or dissolution of property.

and the marriage is terminated under Art. 36 or 53 child will be illegitimate (the subsequent void marriage even under these articles will not legitimate them)

LEGAL SEPARATION: Does not affect the marital status of the couple, merely a separation of bed and board. (Exclusive list)

Violence Against Women and Children (VAWC RA 9262): includes spouse, girlfriends, and even one-night stands (level of intimacy). Men can file on behalf of children. Many articles of VAWC encompass legal separation and if this is so the required cooling off period is no longer necessary. Included as part of VAWC such as corruption (#3) included as violence, even psychological violence (bigamy, sexual infidelity).

- The children included in VAWC are those under the care of the women even those of the respondent’s child from a previous marriage. Article 55: Happens after marriage ceremony