Side note Due to the death of the petitioner the law on intestate succession

Side note due to the death of the petitioner the law

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Side note.. Due to the death of the petitioner, the law on intestate succession should take over in the disposition of whatever remaining properties have been allocated to petitioner. Petition is dismissed. Effects of Legal Separation Pendente Lite Lerma vs CA Lerma and Diaz were married. However, Lerma filed a case against his wife Diaz and a certain Ramirez for adultery. While this case was pending, Diaz likewise filed a complaint for legal separation against Lerma based on 2 grounds: concubinage and attempt against her life. During the pendency of the legal separation case, Diaz moved for and was granted support pendente lite. Lerma opposed, saying that the pending adultery case against her is a sufficient basis to deny the motion for support pendente lite. (it must be noted that later on, Diaz was found guilty of adultery by the trial court) ISSUE: Is the pending adultery case valid ground to deny the other spouse support pendente lite? SC: YES Jurisprudence provides that “adultery is a good defense”. The right to separate support or maintenance, even from the conjugal partnership property, presupposes the existence of a justifiable cause for the spouse claiming such right to live separately. This is implicit in Article 104 of the Civil Code, which states that after the filing of the petition for legal separation the spouses shall be entitled to live separately from each other. A petition in bad faith, such as that filed by one who is himself or herself guilty of an act which constitutes a ground for legal separation at the instance of the other spouse, cannot be considered as within the intendment of the law granting separate support. In fact under Article 303 of the same Code the obligation to give support shall cease "when the recipient, be he a forced heir or not, has committed some act which gives rise to disinheritance;" and under Article 921 one of the causes for disinheriting a spouse is "when the spouse has given cause for legal separation." 67. Sabalones v. CA Petitioner 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.
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