Title
Banez vs. Banez
Case
G.R. No. 132592
Decision Date
Jan 23, 2002
Aida and Gabriel Bañez's legal separation case involved disputes over execution pending appeal, advance attorney's fees, and appellate procedures, resolved by the Supreme Court.
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Case Digest (G.R. No. 132592)

Facts:

  1. Marital Dispute and Legal Separation:

    • Petitioner Aida P. Bañez and respondent Gabriel B. Bañez were married.
    • On September 23, 1996, the Regional Trial Court (RTC) of Cebu, Branch 20, granted legal separation in favor of Aida on the ground of Gabriel's sexual infidelity.
    • The court also ordered the dissolution of their conjugal property relations, division of net conjugal assets, forfeiture of Gabriel's share in favor of their children, and payment of attorney's fees to Aida's counsel.
  2. Post-Decision Motions:

    • Aida filed an urgent ex-parte motion to modify the decision, seeking approval of a commitment of fees and payment of attorney's fees.
    • The RTC granted her motion on October 1, 1996, ordering the release of P100,000 as advance attorney's fees.
    • Aida also filed a motion for execution pending appeal, which the RTC granted on November 22, 1996, ordering Gabriel to vacate a residential house and surrender a Mazda vehicle.
  3. Appeal to the Court of Appeals:

    • Gabriel filed a petition for certiorari with the Court of Appeals, which set aside the RTC's orders on March 21, 1997, including the release of P100,000 and the execution pending appeal.
    • The Court of Appeals also denied Aida's motion to dismiss Gabriel's appeal on February 10, 1998.
  4. Supreme Court Petitions:

    • Aida filed two petitions with the Supreme Court:
      • G.R. No. 132592: Challenging the Court of Appeals' decision to set aside the execution pending appeal and the release of P100,000.
      • G.R. No. 133628: Challenging the Court of Appeals' refusal to dismiss Gabriel's appeal and return the case records to the RTC.

Issue:

  1. G.R. No. 132592:

    • Whether the Court of Appeals erred in setting aside the RTC's grant of execution pending appeal, particularly the orders for Gabriel to vacate the residential house and surrender the Mazda vehicle.
    • Whether the release of P100,000 as advance attorney's fees was justified.
  2. G.R. No. 133628:

    • Whether the Court of Appeals erred in not dismissing Gabriel's appeal for failure to file a record on appeal.
    • Whether the case records should be returned to the RTC or retained by the Court of Appeals.

Ruling:

  1. G.R. No. 132592:

    • The Supreme Court denied Aida's petition, affirming the Court of Appeals' decision.
    • The Court held that there were no superior or urgent circumstances justifying execution pending appeal. Aida's posting of a bond was insufficient to outweigh the potential damage to Gabriel.
    • The release of P100,000 as advance attorney's fees was also deemed improper, as it pre-empted the appellate court's judgment.
  2. G.R. No. 133628:

    • The Supreme Court denied Aida's petition, affirming the Court of Appeals' refusal to dismiss Gabriel's appeal.
    • The Court ruled that an action for legal separation does not allow multiple appeals, as the issues are interrelated and cannot be split.
    • The Court also rejected Aida's alternative prayers to return the case records to the RTC or retain only relevant pleadings.

Ratio:

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