IMPOTENCY

AND
STERILITY
Anna L. Ilagan-Malipol, A.B., M.D.
Juris Doctor 2
University of Batangas-Lipa Campus

What is impotency?
Physical incapacity of either sex to
allow or grant to the other legitimate
sexual gratification

Legal Importance of Impotency

1. Impotency, if proven, will overthrow the
presumption of legitimacy
*presumption of legitimacy
a. Born after 180 days after the celebration of
marriage
b. Before 300 days following the dissolution or
separation of the spouses

Physical Impossibility may be caused:

1. Impotence of the husband
2. Husband and wife were living separately,
in such a way that access was not
possible
3. Serious illness of the husband

Legal Importance of
Impotency

2. Ground for the annulment of marriage

Requisites:
a. One of the parties not aware of the
existing impotency of the other party
b. Present at the time of the celebration of
marriage
c. Incurable
d. Absolute

Legal Importance of
Impotency

3. Impotency may be a defense in rape

4. Impotency may be a cause to the
development of abnormal sexual
behavior
5. Impotency may be a cause to the
development of suicide tendecy

Causes of
Impotency

A. General of Functional, Not Connected

Directly with the Sexual Organs
1. Age
female no limit, except when below 16
male as long as there is erection, he is potent

2. Illness
diseases attended by general debility, brain,
spinal cord, mumps

3. Emotion
4. Hormonal dysfunction

Causes of
Impotency

A. Local or Organic, in Direct Connection

with the Sexual Organs
1. Congenital Defects
a. In Males:
- nondevelopment of the penis
- maldevelopment of the penis
- penis adherent to the scrotum
- duplex organ
b. In Females:
- absence of vagina
- vagina ill-developed, e.g., may be too
small
- vagina occluded by intrauterine disease

Causes of
Impotency

A. Local or Organic, in Direct Connection with the

Sexual Organs
2. Disease or Accident
a. In Males:
(1) Penis
- acute diseases of the penis, as gonorrhea
- chronic diseases as epithelioma
- complete amputation of the penis
(2) Testis
- removal of the testis
- sexual abuse
b. In Females:
- vaginal ulceration
- diseases of the vulvae

 OTHER CAUSES OF IMPOTENCY

PHYSICAL
Masturbation
Early and excessive sexual indulgence

 MENTAL

Passion
Timidity
Apprehension
Aversion
Disgust

 When a man is impotent when he marries,

the marriage may be SET ASIDE on the
ground that it had never been
consummated

 In the female, impotence may be caused

by the

1. narrowness of the vagina

2. adhesion of the vulva
3. absence of the vagina
4. imperforate hymen
5. vaginal tumors

What is
sterility?
Loss of power or inability to
procreate of procreation and is
absolutely dependent of whether
or not impotence is present
inability to impregnate in case of
males
inability to conceive in case of

Causes of Sterility
A. General of Functional, Unconnected
Directly with the Sexual Organs
1. Before puberty there is no spermatozoa
in the seminal fluid

Causes of Sterility
B. Local Causes of Sterility:
1. Congenital Conditions:
a. In Male:
- absence or nondevelopment of testicle
- absence or nondevelopment of penis
- maldevelopemnt of the testicle
- misplacement of the testicle
- malformation of the penis
- infantile penis
- double penis
- hypospadia and epispadia

b. In Female:

- absence or maldevelopment of the

ovary

- absence or maldevelopment of the

uterus

- absence of the vagina

- ill-developed or small vagina
- imperforated hymen

Causes of Sterility
B. Local Causes of Sterility:
2. Acquired Conditions:
a. In Male:
- complete amputation of the penis
- excision of the testicle
- diseases of the testicle
- atrophy of the testicle
- hydrocele
- scrotal hernia
- elephantiasis

b. In Female:

excision of the ovaries

diseases of the ovary
occlusion of the vagina from diseases
diseases of the vagina
occlusion of the Fallopian Tubes
prolapse

 GENERAL DISEASES
In males
heart disease
diabetes mellitus
acute febrile disease
drug addiction
masturbation
neurological diseases
Vitamin B deficiency

 PSYCHOLOGICAL DISEASES
In males
stress
fear
guilt
homosexuality
In females
- vaginismus

 IMPORTANCE OF IMPOTENCE AND

STERILITY

Divorce
Disputed Paternity
Legitimacy
Adoption
Adultery
Rape