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Lerma V CA

This case involved a petition filed by Teodoro Lerma against the Court of Appeals and his wife Concepcion Diaz. Lerma had filed a case for adultery against Diaz. In response, Diaz filed for legal separation and support pendente lite. The court granted her support. Lerma appealed. The Court of Appeals ruled the trial court erred in granting support because Article 100 of the Civil Code states only the innocent spouse can claim legal separation, and Diaz could not be considered innocent as she had been convicted of adultery. The court reversed the order granting Diaz support pendente lite.

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978 views2 pages

Lerma V CA

This case involved a petition filed by Teodoro Lerma against the Court of Appeals and his wife Concepcion Diaz. Lerma had filed a case for adultery against Diaz. In response, Diaz filed for legal separation and support pendente lite. The court granted her support. Lerma appealed. The Court of Appeals ruled the trial court erred in granting support because Article 100 of the Civil Code states only the innocent spouse can claim legal separation, and Diaz could not be considered innocent as she had been convicted of adultery. The court reversed the order granting Diaz support pendente lite.

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Nicole
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G.R. No.

L-33352 | December 1974 Support


Lerma vs. CA Lerma vs. CA

I. Recit-ready Summary grave abuse of discretion. The next day the respondent court gave due
Petitioner Lerma and respondent Diaz are husband and wife. course to the petition and issued a writ of preliminary injunction to stop
Lerma filed a complaint for adultery against the respondent and a certain Judge Luciano from enforcing said orders. The respondent court, in its
Teodoro Ramirez. In return, Diaz filed with the lower court, a complaint decision of October 8, 1970, set aside the assailed orders and granted the
against the petitioner for legal separation and/or separation of properties, petitioner an opportunity to present evidence before the lower court in
custody of their children and support, with an urgent petition for support support of his defense against the application for support pendente lite. The
pendente lite for her and their youngest son, Gregory. The respondent's respondent moved to reconsider the decision on the ground that the
complaint for legal separation is based on two grounds: concubinage and petitioner had not asked that he be allowed to present evidence in the lower
attempt against her life. court. The respondent court, in its resolution of January 20, 1971, set aside
The petitioner filed his opposition to the respondent's application the decision of October 8 and rendered another, dismissing the petition.
for support pendente lite, setting up as defense the adultery charge he had This is now the subject of the instant proceeding for review.
filed against the respondent.
The probable failure of the respondent's suit for legal separation III. Issue/s
can be foreseen since she is not an innocent spouse, having been convicted 1. W/N the court erred in granting support pendente lite to
of adultery by the Court of First Instance. The court held that the Court of respondent? YES.
Appeals erred in granting support pendente lite to respondent.
IV. Holding/s
II. Facts of the Case 1. Yes, the court erred in granting support pendente lite to
Petitionet Teodoro E. Lerma and respondent Concepcion Diaz respondent.
were married on May 19, 1951. On August 22, 1969 the petitioner filed a Article 100 of the Civil Code provides that "the legal separation may be
complaint for adultery against the respondent and a certain Teodoro claimed only by the innocent spouse, provided there has been no
Ramirez. During the pendency of the adultery case against the respondent, condonation of or consent to the adultery or concubinage .. (and) where
wife, the respondent filed with the lower court, a complaint against the both spouses are offenders, a legal separation cannot be claimed by either of
petitioner for legal separation and/or separation of properties, custody of them.”
their children and support, with an urgent petition for support pendente lite The probable failure of the respondent's suit for legal separation can be
for her and their youngest son, Gregory, who was then and until now is in foreseen since she is not an innocent spouse, having been convicted of
her custody. adultery by the Court of First Instance. It is true that the judgment of
The respondent's complaint for legal separation is based on two conviction is on appeal in the Court of Appeals, but the same undoubtedly
grounds: concubinage and attempt against her life. The application for satisfies the standard of provisional showing set by the aforesaid Rule. If
support pendente lite was granted. The petitioner filed his opposition to the legal separation cannot be claimed by the guilty spouse in the first place, the
respondent's application for support pendente lite, setting up as defense the fact that an action for that purpose is filed anyway should not be permitted
adultery charge he had filed against the respondent. to be used as a means to obtain support pendente lite, which, without such
On March 12, 1970 the petitioner filed with respondent Court of action, would be denied on the strength of the decisions of this Court
Appeals a petition for certiorari and prohibition with preliminary injunction recognizing adultery as a good defense. Otherwise, as pointed out by the
to annul the aforementioned orders on the ground that they were issued with

Persons and Family Relations Law (2019) PETITIONER: Teodoro E. Lerma


DIGEST AUTHOR: Nikki Paglicawan RESPONDENT: Court of Appeals and Concepcion Diaz
G.R. No. L-33352 | December 1974 Support
Lerma vs. CA Lerma vs. CA

petitioner, all that an erring spouse has to do to circumvent such defense


would be to file a suit for legal separation no matter how groundless. . . ." VII. Separate Opinions

VIII. Additional Notes


VII. Random Facts
V. Law or Doctrine Applied ● Ponente: Makalintal, J.

ARTICLE 100 OF THE CIVIL CODE


Art. 100. The legal separation may be claimed only by the innocent
spouse, provided there has been no condonation of or consent to the
adultery or concubinage. Where both spouses are offenders, a legal
separation cannot be claimed by either of them. Collusion between the
parties to obtain legal separation shall cause the dismissal of the petition.

ARTICLE 198 OF THE FAMILY CODE


Art. 198. During the proceedings for legal separation or for
annulment of marriage, and for declaration of nullity of marriage, the
spouses and their children shall be supported from the properties of the
absolute community or the conjugal partnership. After the final judgment
granting the petition, the obligation of mutual support between the spouses
ceases. However, in case of legal separation, the court may order that the
guilty spouse shall give support to the innocent one, specifying the terms of
such order.

VI. Disposition
What has been said above, of course, is not meant to be a prejudgment
of either the legal separation proceeding pending in the lower court or the
criminal case for adultery pending in the Court of Appeals. It is to be
understood only in the light of Rule 61, Section 5, of the Rules of Court,
which specifically governs the subject of support pendente lite.

WHEREFORE, the resolution of respondent Court of Appeals of


January 20, 1971 and the orders of respondent Juvenile and Domestic
Relations Court herein complained of, dated December 24, 1969 and
February 15, 1970, all are set aside and their enforcement enjoined, without
prejudice to such judgment as may be rendered in the pending action for
legal separation between the parties. No pronouncement as to costs.

Persons and Family Relations Law (2019) PETITIONER: Teodoro E. Lerma


DIGEST AUTHOR: Nikki Paglicawan RESPONDENT: Court of Appeals and Concepcion Diaz

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