100%(1)1 out of 1 people found this document helpful
This preview shows page 36 - 37 out of 51 pages.
Side note..Due to the death of the petitioner, the law on intestate succession should take over inthe disposition of whatever remaining properties have been allocated to petitioner. Petition is dismissed.Effects of Legal Separation Pendente LiteLerma vs CALerma and Diaz were married. However, Lerma filed a case against his wife Diaz anda certain Ramirez for adultery. While this case was pending, Diaz likewise filed acomplaint for legal separation against Lerma based on 2 grounds: concubinage andattempt against her life. During the pendency of the legal separation case, Diazmoved for and was granted support pendente lite. Lerma opposed, saying that thepending adultery case against her is a sufficient basis to deny the motion for supportpendente lite. (it must be noted that later on, Diaz was found guilty of adultery by thetrial court)ISSUE: Is the pending adultery case valid ground to deny the other spouse supportpendente lite?SC: YESJurisprudence provides that “adultery is a good defense”. The right to separate support or maintenance, even from the conjugal partnershipproperty, presupposes the existence of a justifiable cause for the spouse claimingsuch right to live separately. This is implicit in Article 104 of the Civil Code, whichstates that after the filing of the petition for legal separation the spouses shall beentitled to live separately from each other. A petition in bad faith, such as that filed byone who is himself or herself guilty of an act which constitutes a ground for legalseparation at the instance of the other spouse, cannot be considered as within theintendment of the law granting separate support. In fact under Article 303 of the sameCode the obligation to give support shall cease "when the recipient, be he a forcedheir or not, has committed some act which gives rise to disinheritance;" and underArticle 921 one of the causes for disinheriting a spouse is "when the spouse hasgiven cause for legal separation."67. Sabalones v. CAPetitioner Samson Sabalones was a member of our diplomatic service assigned to different countries during his successive tours of duties. He left to his wife, herein respondent Remedios, the administration of some of their conjugal properties for 15 years.When Samson retired as an ambassador, he came back to the Philippines but not to his wife and kids. 4 years later, he sought judicial authorization to sell a lot and building in Greenhills. It belonged to the conjugal partnership, but he claimed that he was 68 y.o, then, very sick and living alone without any income. He needed his share of the proceeds to defray his hospitalization costs.Remedios filed a counterclaim for legal separation. She alleged that the property in Greenhills was being occupied by her and her 6 kids and that they merely depended on support from the rentals earned by another conjugal property in Forbes Park. She also alleged that Samson was living with another woman, Thelma, and their 3 kids.