4/29/2020
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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.
A.M. No. 02-11-10-SC, Sec. 19. Decision.— (1) If the court renders a decision granting
the petition, it shall declare therein that the decree of absolute nullity or decree of
annulment shall be issued by the court only after compliance with Articles 50 and 51 of
the Family Code as implemented under the Rule on Liquidation, Partition and
Distribution of Properties.
xxxx
[86] FAMILY CODE, 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.
A.M. No. 02-11-10-SC, Sec. 9. Investigation report of public prosecutor. — (1) Within
one month after receipt of the court order mentioned in paragraph (3) of Section 8
above, the public prosecutor shall submit a report to the court stating whether the
parties are in collusion and serve copies thereof on the parties and their respective
counsels, if any.
(2) If the public prosecutor finds that collusion exists, he shall state the basis thereof in
his report. The parties shall file their respective comments on the finding of collusion
within ten days from receipt of a copy of the report The court shall set the report for
hearing and if convinced that the parties are in collusion, it shall dismiss the petition.
(3) If the public prosecutor reports that no collusion exists, the court shall set the case
for pre-trial. It shall be the duty of the public prosecutor to appear for the State at the
pre-trial.
[87] RULES OF COURT, Rule 108, Sec. 1.
[88] 509 Phil. 108 (2005).
[89] Id. at 114.
[90] 223 Phil. 357 (1985).
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/55916
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