Case Digest (G.R. No. 28904)
Facts:
Cipriana Garcia v. Isabelo Santiago and Alejo Santiago, G.R. No. 28904, December 29, 1928, the Supreme Court En Banc, Ostrand, J., writing for the Court.The appellant, Cipriana Garcia, sued defendants Isabelo (Isabelo in text) Santiago and Alejo Santiago in the Court of First Instance of Nueva Ecija. In her complaint she alleged that she and Isabelo Santiago were married on April 8, 1910 and lived together until she left the conjugal dwelling on February 3, 1925 because of continuing family dissensions and threats of personal violence by her husband. She further alleged that Alejo Santiago, Isabelo’s son by a prior marriage, seduced her daughter Prisca Aurelio (born of plaintiff’s previous marriage) and that Prisca had borne a child as a result.
Plaintiff alleged that Isabelo Santiago refused to vindicate his daughter's honor and, instead, countenanced the illicit relations between Alejo and Prisca. She also alleged that the husband had conveyed or was attempting to convey to Alejo property belonging to the conjugal partnership — in particular certain lands which, she claimed, had been acquired during the marriage with conjugal funds and produced substantial annual crops. Because of these alleged acts and the husband’s immoral conduct (including alleged relations with another woman, Geronima Yap), plaintiff sought: (a) an injunction restraining further conveyances of conjugal property; (b) the right to administer the conjugal property; (c) a monthly maintenance pendente lite of P500; and (d) other incidental relief including attorney’s fees. Defendants answered with a general denial.
The Court of First Instance dismissed the complaint. Plaintiff appealed to the Supreme Court, assigning error to the trial court’s ruling that (1) her separation was unjustified; (2) the court erred in dissolving the preliminary injunction and refusing to set aside transfers to Alejo; (3) the court erred in denying maintenance of P500 mont...(Pro-only)
Issues:
- Was the plaintiff’s separation from Isabelo Santiago justified?
- Did the trial court err in dissolving the preliminary injunction, refusing to set aside the transfers to Alejo Santiago, and in refusing to place administration of the conjugal property in the plaintiff?
- Is the plaintiff entitled to maintenance in the amount of P500 per month pendente lite, and to attorney...(Pro-only)
Ruling:
- (Pro-only)
Ratio:
- (Pro-only)
Doctrine:
- (Pro-only)