Case Digest (G.R. No. L-11086)
Facts:
Pilar Atilano vs. Chua Ching Beng, G.R. No. L-11086, March 29, 1958, the Supreme Court En Banc, Felix, J., writing for the Court. The case arose from an action for support and an incidental petition concerning the mode of performance of the husband's support obligation.
The parties were married in Zamboanga City in May 1951 and later resided in Manila with the husband's parents. In October 1952 they visited the wife's parents in Zamboanga; at the husband's initiative he returned to Manila leaving the wife with an understanding she would follow later, which she did not do. On September 30, 1953 the wife filed a complaint for support in the Court of First Instance of Zamboanga, alleging estrangement since October 1952 because of incessant marital bickerings and incompatibility, and her inability to provide for herself; she prayed for a monthly allowance of P200 from the date of filing.
The husband answered, asserting that the estrangement resulted from the wife's parents' interference and that he was willing to receive and maintain his wife in his home in Manila (asserting his option under the Civil Code). The wife also filed a petition for alimony pendente lite; by stipulation of facts the trial court on May 3, 1954 granted a monthly allowance of P75, finding the wife's refusal to return was due to aversion to living with the husband's parents after previous in-law troubles. The husband then filed a petition electing to perform his obligation by receiving and maintaining the wife at his Pasay residence and asked that, if the wife refused that arrangement, he be declared under no compulsion to remit the allowance at Zamboanga; the petition was denied by the trial court.
The husband elevated the matter to the Court of Appeals, which, pursuant to Section 17-6 of Republic Act No. 296, certified the case t...(Subscriber-Only)
Issues:
- Is a wife entitled to receive support from her husband where she refuses to live with him on account of misunderstandings with the husband's immediate rela...(Subscriber-Only)
Ruling:
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Ratio:
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Doctrine:
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