Case Digest (G.R. No. L-5153)
Facts:
- Petition for certiorari filed by Glicerio Mangoma against Hon. Higinio Macadaeg, the Judge of the Court of First Instance of Manila, Branch IX, and Candelaria Bautista.
- Lower court ordered the petitioner to provide support pendente lite to his wife and daughter in the amount of P750 a month starting from January 17, 1951, until the termination of the case for separation of property between them.
- Respondent, Candelaria Bautista, filed an action seeking the separation of the property of the spouses and the dissolution and liquidation of their conjugal partnership.
- Respondent requested support pendente lite in the amount of P1,000 a month for her and her daughter, based on various grounds including the petitioner's alleged adultery and abandonment.
Issue:
- (Unlock)
Ruling:
- Supreme Court ruled in favor of the petitioner and remanded the case to the lower court.
- Court found that the petitioner had not been given the opportunity to present evidence in support of his defenses against the motion for support pendente lite, including the defense of adultery.
- Trial judge ordered the payment of alimony pendente lite after the wife had presented her evidence, but before the hearing on the motion was completed.
- Court cited the case of Sanchez vs. Zulueta, where it was held that adultery is a va...(Unlock)
Ratio:
- Court's decision based on the principle that the petitioner should have been given the opportunity to present evidence in support of his defenses, including adultery, against the motion for support pendente lite.
- Court c...continue reading
Case Digest (G.R. No. L-5153)
Facts:
The case of Mangoma v. Macadaeg involves Glicerio Mangoma and Candelaria Bautista, who filed an action seeking the separation of their property and the dissolution of their conjugal partnership. Bautista filed a motion for support pendente lite, requesting that Mangoma provide support for her and their daughter Leticia in the amount of P750 a month. Bautista claimed that Mangoma had contracted another marriage while their marriage was still subsisting and had abandoned her and their children.
Mangoma objected to the motion, alleging that Bautista had abandoned the conjugal home to live with an American soldier and had committed adultery with him. Mangoma also argued that he had no other occupation except that of a real estate broker and could not earn more than P200 a month, which was barely sufficient to support the two children under his care. He further claimed that he had incurred losses due to civil and criminal cases filed against him by Bautista.
The trial judge authorized his deputy clerk to receive evidence on the motion for support pendente lite. However, before Mangoma had a chance to present his evidence on his specia...