Case Digest (G.R. No. 18381)
Facts:
- The case involves Nadjib Tannus Hashim (petitioner) and Honorable Pedro Concepcion (respondent judge) along with Afife Abdo Cheyban Gorayeb (respondent).
- On November 11, 1920, Gorayeb filed a complaint against Hashim in the Court of First Instance of Manila.
- Gorayeb alleged that Hashim owned property worth P1,000,000 and earned P4,000 monthly but refused to provide financial support.
- She sought an order for Hashim to pay her P1,000 monthly for maintenance.
- On November 28, 1920, the court ordered Hashim to pay the specified amount as maintenance pendente lite.
- Hashim failed to comply, leading to a writ of execution being issued.
- Supplementary proceedings were initiated, and Hashim's responses during examination were evasive.
- An alias writ of execution was issued for maintenance payments covering specific periods, resulting in the sale of Hashim's property interests.
- Gorayeb's attorneys filed contempt charges against Hashim for non-compliance, leading to a contempt ruling by Judge Concepcion on November 28, 1921.
- Hashim evaded arrest, prompting his attorneys to file a petition claiming the judge exceeded his jurisdiction.
Issue:
- (Unlock)
Ruling:
- The Court of First Instance had jurisdiction to issue the order for maintenance pendente lite.
- The contempt order against Hashim was warranted due to his conduct.
- The responden...(Unlock)
Ratio:
- The Supreme Court affirmed that the Court of First Instance had jurisdiction over maintenance actions by a wife against her husband, referencing Yangco vs....continue reading
Case Digest (G.R. No. 18381)
Facts:
The case involves Nadjib Tannus Hashim as the petitioner and Honorable Pedro Concepcion, Judge of the Court of First Instance of Manila, along with Afife Abdo Cheyban Gorayeb as the respondent. The events leading to this case began on November 11, 1920, when Afife Abdo Cheyban Gorayeb filed a complaint against her husband, Nadjib Tannus Hashim, in the Court of First Instance of Manila. In her complaint, she alleged that her husband owned property valued at P1,000,000 and had a monthly income of P4,000, yet he refused to provide her with financial support. Consequently, she sought an order for him to pay her P1,000 monthly for her maintenance. On November 28, 1920, the court granted her request, ordering the petitioner to pay the specified amount as maintenance pendente lite. However, Hashim failed to comply with this order, prompting the issuance of a writ of execution. When this writ was returned unsatisfied, supplementary proceedings were initiated under Chapter 20 of the Code of Civil Procedure, during which Hashim was examined under oath on February 11, 1921. His responses were deemed evasive and unsatisfactory. Following this, an alias writ of execution was issued on February 21, 1921, for maintenance from November 12, 1920, to January 12, 1921, and another on April 4, 1921, for the period from January 12 to March 12, 1921. The latter writ resulted in the sale of Hashim's interests in a property on Calle Oroquieta, which was purchased by Gorayeb for P2,000. By this p...