Facts:

• Luis Ma. Araneta filed for legal separation from his wife, Emma Benitez Araneta, on grounds of adultery.
• The petition was filed in the Court of First Instance of Manila, Branch VI, under Judge Hermogenes Concepcion.
• Emma Benitez Araneta responded with an omnibus petition seeking:
  • Custody of their three minor children.
  • Monthly support of PHP 5,000 for herself and the children.
  • Return of her passport.
  • An injunction against harassment.
  • Attorney's fees.
• Luis Ma. Araneta opposed the petition, denying misconduct allegations, claiming Emma abandoned the children, and contesting her right to support and attorney's fees due to her infidelity.
• The respondent judge granted Emma:
  • Custody of the children.
  • Monthly allowance of PHP 2,300 for support.
  • PHP 2,000 for attorney's fees.
• Luis Ma. Araneta filed a petition for certiorari and mandamus, challenging the judge's refusal to require evidence before deciding the omnibus petition.
• The Supreme Court granted a writ of preliminary injunction against the order.

Issue:

• (Unlock)

Ruling:

1. The Supreme Court ruled that the court must require evidence to decide on custody and support pendente lite.
2. The Supreme Court found the responden...(Unlock)

Ratio:

• Article 103 of the Civil Code mandates a six-month "cooling off" period to facilitate reconciliation between spouses.
• This period does not override other provisions, such as Article 105, which allows for the determination of custody and support pendente lite based on circumstances.
• Ignoring actual facts and circumstances can lead to injustice.
• The introduction of evidence reg...continue reading