5/28/2020 E-Library - Information At Your Fingertips: Printer Friendly Family Code. Then, the trial court ruled that in accordance with the doctrine of processual presumption, Philippine law should apply because the court cannot take judicial notice of the US law since the parties did not submit any proof of their national law. The trial court held that as the instant petition does not fall under the provisions of the law for the grant of judicial separation of properties, the absolute community properties cannot be forfeited in favor of Leticia and her children. Moreover, the trial court observed that Leticia failed to prove abandonment and infidelity with preponderant evidence. The trial court however ruled that Leticia is not entitled to the reimbursements she is praying for considering that she already acquired all of the properties in the USA. Relying still on the principle of equity, the Court also adjudicated the Philippine properties to David, subject to the payment of the children’s presumptive legitimes. The trial court held that under Article 89 of the Family Code, the waiver or renunciation made by David of his property rights in the Joint Affidavit is void. On appeal, the Court of Appeals modified the trial court’s Decision by directing the equal division of the Philippine properties between the spouses. Moreover with respect to the common children’s presumptive legitime, the appellate court ordered both spouses to each pay their children the amount of P520,000.00, thus: WHEREFORE, the instant appeal is PARTLY GRANTED. Numbers 2, 4 and 6 of the assailed Decision dated December 8, 2006 of Branch 96, RTC of Baler, Aurora Province, in Civil Case No. 828 are hereby MODIFIED to read as follows: 2. The net assets of the absolute community of property of the parties in the Philippines are hereby divided equally between petitioner Leticia Noveras a.k.a. Leticia Tacbiana (sic) and respondent David A. Noveras; xxx 4. One-half of the properties awarded to petitioner Leticia Tacbiana (sic) in paragraph 2 shall pertain to her minor children, Jerome and Jena, as their presumptive legitimes which shall be annotated on the titles/documents covering the said properties. Their share in the income therefrom, if any, shall be remitted to them by petitioner annually within the first half of January, starting 2008; xxx 6. Respondent David A. Noveras and petitioner Leticia Tacbiana (sic) are each ordered to pay the amount of P520,000.00 to their two children, Jerome and Jena, as their presumptive legitimes from the sale of the Sampaloc property inclusive of the receivables therefrom, which shall be deposited to a local bank of Baler, Aurora, under a joint account in the latter’s names. The payment/deposit shall be made within a period of thirty (30) days from receipt of a copy of this Decision and the corresponding elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/57649 5/13