Philippine Supreme Court Jurisprudence

Philippine Supreme Court Jurisprudence > Year 1928 > December 1928 Decisions > G.R. No. 28904 December 29, 1928 - CIPRIANA GARCIA v. ISABELO SANTIAGO

053 Phil 952:



[G.R. No. 28904. December 29, 1928.]

CIPRIANA GARCIA, Plaintiff-Appellant, v. ISABELO SANTIAGO and ALEJO SANTIAGO, Defendants-Appellees.

Gregorio Perfecto for Appellant.

M. H. de Joya and Pompeyo Diaz for Appellees.


1. HUSBAND AND WIFE; SEPARATION; MAINTENANCE. — In a case of serious disagreement between husband and wife, and the wife is virtually driven out of their home by the husband and threatened with violence if she should return, the wife, though she may not be free from blame, cannot be compelled to cohabit with her husband, and she is entitled to a reasonable maintenance allowance.



This is an appeal by the plaintiff from a judgment of the Court of First Instance of Nueva Ecija dismissing the complaint.

In her complaint the plaintiff alleges that she was married to the defendant Isabelo Santiago on April 8, 1910, and that from that date they lived together as husband and wife, until continued family dissensions compelled her to leave the conjugal dwelling on February 3, 1925; that defendant Alejo Santiago is a son of Isabelo Santiago by his first wife, and Prisca Aurelio is a daughter of plaintiff by her first husband; that said Alejo Santiago seduced Prisca Aurelio, and the latter gave birth to a child; and that the other defendant Isabelo Santiago, instead of seeing to the vindication of the honor of plaintiff’s daughter by requiring his son to marry her, has refused to have anything to do with the matter, thus seemingly countenancing the illicit relations between them; that with a view to favoring materially the said Alejo Santiago and fostering his whims and caprices, defendant Isabelo Santiago has been conveying, and is attempting to convey, to said Alejo Santiago property belonging to their conjugal partnership, to the damage and prejudice of plaintiff’s rights; that, among the property that defendant has conveyed or is attempting to convey to Alejo Santiago, the lands specifically described in the complaint are the most important ones, which, with others, had been acquired by plaintiff and defendant Isabelo Santiago during their married life with money belonging to the conjugal partnership, and with the products and fruits of the property of the conjugal partnership, or through the industry of the two; that said property produces annually around the neighborhood of 4,500 cavanes of palay at P4 per cavan; that by reason of the attitude of defendant Isabelo Santiago, respecting the illicit relations of his son and Prisca Aurelio, and his fraudulent acts conveying to said Alejo Santiago property belonging to the conjugal partnership, plaintiff and Isabelo Santiago have had several discussions and quarrels, which culminated in their separation on February 3, 1925, which separation became necessary in order to avoid personal violence; that notwithstanding plaintiff’s repeated demands, defendant Isabelo Santiago has continually refused to provide for her support, and plaintiff could not live in their conjugal dwelling, because of the illicit relations between Alejo Santiago and Prisca Aurelio, countenanced by the other defendant Isabelo Santiago; that taking into consideration the actual financial conditions of the conjugal partnership, plaintiff is entitled to a monthly pension of P500 pendente lite; and that in the meanwhile, the court should restrain defendant Isabelo Santiago from conveying or attempting to convey any property of the conjugal partnership; that defendant Isabelo Santiago has publicly maintained illicit relations with a woman by the name of Geronima Yap; and that by said immoral conduct and acts, defendant Isabelo Santiago has shown himself unfit to administer the property of the conjugal partnership, and the court should therefore order that its administration be placed in the hands of plaintiff. The defendants’ answer to the complaint was a general denial.

The appellant makes the following assignments of error:chanrob1es virtual 1aw library

(1) The court erred in declaring her separation from the defendant Isabelo Santiago unjustified.

(2) The court erred in dissolving the preliminary injunction and refusing to set aside the transfer of title made by Isabelo Santiago in favor of Alejo Santiago.

(3) The court erred in not granting the plaintiff maintenance in the sum of P500 monthly.

(4) The court erred in not granting the plaintiff the right to administer the conjugal property.

(5) The court erred in not granting the other remedies prayed for in the complaint.

The second and fourth assignments of error are entirely without merit. The plaintiff has failed to prove that the property conveyed to Alejo Santiago is community property; on the contrary, it is shown by documentary evidence that the land was acquired by Isabelo Santiago previously to his marriage to the plaintiff. Neither can we find any sufficient reason for depriving the husband of his right to administer such conjugal property as may exist.

The first and third assignments of error deserve some consideration. It clearly appears that the spouses led a rather stormy life subsequent to the dishonor of the plaintiff’s daughter, Prisca, and that quarrels were frequent. In the last of these quarrels, the husband, according to the plaintiff’s testimony, went so far as to order her to leave his house and threatened to ill treat her if she returned. It also appears that, aside from the quarrels, she had very unpleasant experiences in other respects. Her young daughter was, and still is, under her care, and her assertion that her husband’s son was the cause of her daughter’s pregnancy is probably not unfounded. It requires no stretch of the imagination to conclude that to keep the two young people under the same roof with the opportunity to continue their illicit relations would create a very embarrassing situation for the girl’s mother.

Taking into consideration the facts stated, we do not think that the plaintiff’s separation from the husband is unjustified. Ordinarily, it is not the fault of one that two quarrel, and, in all probability, the plaintiff is not free from blame, but she was virtually driven out of their home by her husband and threatened with violence if she should return. Under these circumstances, to compel the plaintiff to cohabit with her husband can only lead to further quarrels and would probably be unfortunate for both parties. The separation therefore seems necessary.

As to the plaintiff’s maintenance allowance, it is evident that the sum of P500 monthly is much too large and that an allowance of P50 per month is all that ought be granted at present.

The fifth assignment of error relates principally to the plaintiff’s prayer for an allowance of attorney’s fees. Under the circumstances of the case, we do not think that the court below erred in refusing to grant such allowance.

The judgment appealed from is therefore modified, and it is ordered that the defendant, Isabelo Santiago, pay to the plaintiff the sum of P50 per month for her maintenance and that such payments be made within the first ten days of each month. No costs will be allowed. So ordered.

Johnson, Street, Malcolm, Villamor, Romualdez and Villa-Real, JJ., concur.

Back to Home | Back to Main

ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review :

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line :

December-1928 Jurisprudence                 

  • G.R. No. 28734 December 4, 1928 - CRESCENCIANO INGSON v. JUAN OLAYBAR

    052 Phil 395

  • December 7, 1928 - IN RE: FELIPE DEL ROSARIO

    052 Phil 399

  • G.R. No. 29530 December 8, 1928 - PEOPLE OF THE PHIL. v. LAOTO

    052 Phil 401

  • G.R. No. 30263 December 8, 1928 - ROMAN ACERDEN v. ANTIAGO TONOLETE

    052 Phil 409

  • G.R. No. 30174 December 10, 1928 - MODESTO YUMUL v. GREGORIO PALMA

    052 Phil 412

  • G.R. No. 29506 December 11, 1928 - CONCEPCION PELAEZ v. EULALIA BUTAO, ET AL.

    052 Phil 418

  • G.R. No. 29040 December 14, 1928 - BONIFACIO JULIAN v. SILVERIO APOSTOL, ET AL.

    052 Phil 422

  • G.R. No. 29755 December 14, 1928 - LEYTE ASPHALT & MINERAL OIL CO. v. BLOCK, JOHNSTON & GREENBAUM

    052 Phil 429

  • G.R. No. 30173 December 14, 1928 - PEDRO SALDAÑA v. CRISPULO CONSUNJI, ET AL.

    052 Phil 433

  • G.R. No. 29298 December 16, 1928 - REYNALDO LABAYEN v. TALISAY SILAY MILLING CO.

    052 Phil 440

  • G.R. No. 29367 December 15, 1928 - ROBERTO SOLATORIO v. ARCADIO SOLATORIO, ET AL.

    052 Phil 444

  • G.R. No. 30314 December 15, 1928 - PABLO C. DE LA ROSA v. HERMOGENES YONSON, ET AL.

    052 Phil 446

  • G.R. No. 29230 December 18, 1928 - MACONDRAY & CO. INC. v. GO BUN PIN

    052 Phil 451

  • G.R. No. 28865 December 19, 1928 - BATANGAS TRANSPORTATION CO. v. CAYETANO ORLANES

    052 Phil 455

  • G.R. No. 28753 December 20, 1928 - PEOPLE OF THE PHIL. v. PAULINO FLORES, ET AL.

    052 Phil 473

  • G.R. No. 30510 December 21, 1928 - ABENCIO TORRES v. COURT OF FIRST INSTANCE OF CAPIZ

    052 Phil 478

  • G.R. No. 29036 December 22, 1928 - PEOPLE OF THE PHIL. v. GREGORIO MANALO, ET AL.

    052 Phil 484

  • G.R. No. 29345 December 22, 1928 - BANK OF THE PHILIPPINE ISLANDS v. B. A. GREEN

    052 Phil 491

  • G.R. No. 29395 December 22, 1928 - PEOPLE OF THE PHIL. v. VALENTIN SAMBILE, ET AL.

    052 Phil 494

  • G.R. No. 29460 December 22, 1928 - ALEJANDRO M. PANIS v. JACINTO YANGCO

    052 Phil 499

  • G.R. No. 29556 December 22, 1928 - PETRONA GAMBOA, ET AL. v. MODESTA GAMBOA, ET AL.

    052 Phil 503

  • G.R. No. 29789 December 22, 1928 - FRANCISCO BARRIOS v. EDUARDA ENRIQUEZ, ET AL.

    052 Phil 509

  • G.R. No. 29955 December 22, 1928 - CITY OF MANILA v. PUBLIC SERVICE COMMISSION

    052 Phil 515

  • G.R. No. 30225 December 22, 1928 - AMOS G. BELLIS v. CARLOS A. IMPERIAL

    052 Phil 530

  • G.R. No. 27235 December 29, 1928 - PRIMITIVO PAGUIO v. TOMASA MANLAPID

    052 Phil 534

  • G.R. No. 28197 December 29, 1928 - PEOPLE OF THE PHIL. v. JUAN REYES

    052 Phil 538

  • G.R. No. 28375 December 29, 1928 - BASILIO SANTOS CO v. GOVERNMENT OF THE PHIL.

    052 Phil 543

  • G.R. No. 29158 December 29, 1928 - RAFAEL R. ALUNAN v. ELEUTERIA CH. VELOSO

    052 Phil 545

  • G.R. No. 29161 December 29, 1928 - JAMES J. RAFFERTY v. PROVINCE OF CEBU

    052 Phil 548


    052 Phil 553

  • G.R. No. 29204 December 29, 1928 - RUFINA ZAPANTA ET AL. v. JUAN POSADAS

    052 Phil 557

  • G.R. No. 29217 December 29, 1928 - VALENTINA LANCI v. TEODORO R. YANGCO, ET AL.

    052 Phil 563

  • G.R. No. 29236 December 29, 1928 - FELIPE ALKUINO LIM PANG v. UY PIAN NG SHUN, ET AL.

    052 Phil 571


    052 Phil 576

  • G.R. No. 29356 December 29, 1928 - CITY OF MANILA v. MANILA ELECTRIC COMPANY

    052 Phil 586

  • G.R. No. 29449 December 29, 1928 - LEODEGARIO AZARRAGA v. MARIA GAY

    052 Phil 599

  • G.R. No. 29588 December 29, 1928 - STANDARD OIL CO. OF NEW YORK v. CHO SIONG

    052 Phil 612

  • G.R. No. 29757 December 29, 1928 - JOSE GEMORA, ET AL. v. F. M.YAP TICO & CO.

    052 Phil 616

  • G.R. No. 29917 December 29, 1928 - JOSE M. KATIGBAK v. TAI HING CO.

    052 Phil 622

  • G.R. No. 30004 December 29, 1928 - FILOMENA MARTINEZ v. PEDRO CONCEPCION, ET AL.

    052 Phil 633

  • G.R. No. 30241 December 29, 1928 - GREGORIO NUVAL v. NORBERTO GURAY, ET AL.

    052 Phil 645

  • G.R. No. 29640 December 22, 1928 - PEOPLE OF THE PHIL. v. DOMINGO CALABON

    053 Phil 945

  • G.R. No. 28185 December 29, 1928 - NICANOR JACINTO v. BERNARDO & CO. ET AL.

    053 Phil 948

  • G.R. No. 28904 December 29, 1928 - CIPRIANA GARCIA v. ISABELO SANTIAGO

    053 Phil 952

  • G.R. No. 29196 December 29, 1928 - PHIL. NATIONAL BANK v. GABINO BARRETTO P. PO E. JAP ET AL.

    053 Phil 955

  • G.R. No. 29423 December 29, 1928 - PEOPLE OF THE PHIL. v. FERNANDO GOROSPE

    053 Phil 960

  • G.R. No. 29531 December 29, 1928 - PEOPLE OF THE PHIL. v. AGAPITO FRANCISCO ET AL.,

    053 Phil 965

  • G.R. No. 29593 December 29, 1928 - PAULINA GARCIA v. ROBERTO SAÑGIL

    053 Phil 968

  • G.R. No. 29605 December 29, 1928 - ANTONIO ESPIRITU v. MANILA ELECTRIC LIGHT CO.

    053 Phil 970

  • G.R. No. 29663 December 29, 1928 - MANUEL ALEJANDRINO v. ERIBERTO REYES

    053 Phil 973