Title
Quintana vs. Lerma
Case
G.R. No. 7426
Decision Date
Feb 5, 1913
Married couple's separation agreement void under Civil Code; wife retains support rights, but husband's adultery defense valid if proven. Case remanded.

Case Summary (G.R. No. 96409)

Background of the Case

The plaintiff, Maria Quintana, filed an action against her husband, Gelasio Lerma, seeking support in the amount of P20 per month as stipulated in their written contract of separation. Following their separation, the relationship between the parties and the obligations arising from their contract became contentious, prompting Quintana to seek judicial recourse.

Legal Framework and Defense

In his initial response, Lerma asserted a special defense claiming that Quintana had forfeited her right to support due to her alleged adultery. However, the trial court struck this assertion from the record, citing Article 152 of the Civil Code, which establishes that adultery is not grounds for the cessation of a spouse's obligation to provide support.

Trial Court Proceedings

Despite the initial ruling, Lerma attempted to reintroduce the adultery defense in his answer to the amended complaint. However, the trial court did not allow this defense to be heard or evidence in support of it to be presented. Lerma objected to this exclusion, which became a pivotal issue in the appeal process.

Validity of the Contractual Agreement

The court examined the contractual agreement made between the parties and referenced Article 1432 of the Civil Code, which states that a separation of property during marriage requires a judicial decree unless expressly provided otherwise. This led to the conclusion that the separation agreement between Quintana and Lerma was void.

Ruling on the Right to Support

Despite the invalidity of the written separation agreement, the court recognized Quintana's right to seek support under the provisions of the Civil Code. The court held that a wife's entitlement to support is not negated by the void nature of the separ

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