Title
Tolentino vs. Court of Appeals
Case
G.R. No. L-41427
Decision Date
Jun 10, 1988
Constancia Tolentino sought to stop Consuelo David, Arturo's ex-wife, from using "Tolentino" surname post-divorce. Court ruled action prescribed; Consuelo allowed to retain surname.
divorced woman
cause of action
prescribed
A

Case Digest (G.R. No. 193276)

Facts:

  • Parties and Procedural History
    • Petitioner: Constancia C. Tolentino, the present legal wife of Arturo Tolentino.
    • Respondents:
      • The Court of Appeals.
      • Consuelo David, the private respondent and former wife of Arturo Tolentino.
    • Proceedings Initiated:
      • A complaint for an injunction was filed by Constancia Tolentino with the then Court of First Instance of Quezon City seeking to enjoin Consuelo David from using the surname "Tolentino".
      • The complaint also included a claim for damages, which the petitioner later waived.
      • An application for a writ of preliminary injunction was concurrently filed.
  • Chronology of Key Events
    • Early Proceedings:
      • On January 13, 1972, Consuelo David admitted in her answer that she had been and continued to use the surname "Tolentino".
      • The trial court, after hearing both parties and considering evidence, granted the petitioner’s application for a writ of preliminary injunction on January 18, 1972, with the writ being issued on January 20, 1972.
      • The writ ordered Consuelo David and her agents or representatives to abstain from using the surname "Tolentino" in any form.
    • Third Party Involvement:
      • On February 2, 1972, Consuelo David filed a motion to include her former husband, Arturo Tolentino, as a third party defendant.
      • This motion was granted on March 18, 1972, and Arturo Tolentino subsequently filed his answer on April 19, 1972.
    • Trial Court Decision:
      • After the hearings, the trial court rendered a decision in favor of Constancia Tolentino.
      • The decision confirmed and made permanent the preliminary injunction restraining Consuelo David from using "Tolentino".
      • The court dismissed the third-party complaint without pronouncing costs, as such costs were waived by the petitioner.
  • Background Facts Involving the Marital Relationships
    • Marital History of Arturo Tolentino:
      • Arturo Tolentino married Consuelo David on February 8, 1931; their union produced children.
      • Their marriage was dissolved on September 15, 1943, during the Japanese occupation by a decree of absolute divorce granted by the Court of First Instance of Manila (Divorce Case No. R-619) on grounds of desertion and abandonment by Consuelo David.
      • Arturo Tolentino later married Pilar Adorable, who died soon thereafter.
      • Arturo Tolentino eventually married Constancia Tolentino on April 21, 1945, and they had three children.
    • Use of the Surname Post-Divorce:
      • Notwithstanding the divorce, Consuelo David continued using the surname "Tolentino" up to the filing of this complaint.
      • In her answer, third party defendant Arturo Tolentino admitted that Consuelo’s use of the surname had the consent of him and his family.
  • Central Issues Raised in the Proceedings
    • The petition centers on two main issues:
      • Whether the petitioner’s cause of action for restraining Consuelo David from using the “Tolentino” surname has already prescribed under the applicable prescriptive periods.
      • Whether a divorced woman (Consuelo David) may, by law, continue using the surname of her former husband (Tolentino).
  • Arguments and Contentions Presented
    • Petitioner’s Arguments:
      • Constancia Tolentino argued that Consuelo David’s continuing use of the surname "Tolentino" constituted a continuing actionable wrong.
      • She contended that every use of the surname amounted to a new offense, and thus the cause of action was not prescribed.
      • She also claimed that she held a quasi-monopolistic proprietary right over the use of the surname due to her marriage.
    • Respondents’ and Third Party Defendants’ Positions:
      • The legal position established that the action, being civil in nature, must conform to the rules on prescription as provided by the Civil Code.
      • Consuelo David maintained that her use of the surname did not constitute a wrongful act warranting injunctive relief.
      • Arturo Tolentino’s answer confirmed that his consent was given for Consuelo Davids’ use of the surname.
    • Developments on Appeal:
      • The private respondent (Consuelo David) appealed the trial court’s decision to the Court of Appeals.
      • Among the issues raised were the prescription of the petitioner’s cause of action and the absence of an exclusive proprietary right over the surname "Tolentino".
      • The trial court’s decision was eventually reversed by the Court of Appeals on June 25, 1975, dismissing the complaint.

Issues:

  • Prescription of the Cause of Action
    • Whether or not the petitioner’s cause of action for enjoining the use of the surname "Tolentino" by Consuelo David has already prescribed.
    • Determination of the proper starting point for the computation of the prescriptive period, including consideration if the cause of action is a continuing wrongful act.
  • Right to Use the Surname
    • Whether a divorced woman, such as Consuelo David, may legally continue using the surname of her former husband despite the dissolution of the marriage.
    • Consideration of the alleged exclusive proprietary right of the petitioner over the surname, and whether such a right exists to warrant an injunction.
  • Legal Bases and Implications for Injunctive Relief
    • Whether the petitioner’s claim of an ongoing injury or wrongful use of the surname justifies the issuance of an injunction.
    • Whether the alleged "deep hurt" to the petitioner’s feelings can be considered sufficient legal injury in the absence of any concrete deprivation of legal rights.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)
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