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    Key Take-Away or Doctrine To Remember

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    k santos
    The petitioner Lerma filed a complaint for adultery against his wife Diaz. In response, Diaz filed for legal separation and support pendente lite. The court granted her support. Lerma appealed, arguing that adultery is a valid defense against claims for support. The court agreed, finding that if a spouse is guilty of adultery, which would bar them from legal separation, they cannot use a legal separation suit as a way to obtain support pendente lite. Allowing that would circumvent the rule that adultery is a defense to support claims. A petition filed in bad faith, by a spouse guilty of acts barring legal separation, is not within the intent of the law granting separate support.

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    Key Take-Away or Doctrine To Remember

    Uploaded by

    k santos
    19 views1 page
    The petitioner Lerma filed a complaint for adultery against his wife Diaz. In response, Diaz filed for legal separation and support pendente lite. The court granted her support. Lerma appealed, arguing that adultery is a valid defense against claims for support. The court agreed, finding that if a spouse is guilty of adultery, which would bar them from legal separation, they cannot use a legal separation suit as a way to obtain support pendente lite. Allowing that would circumvent the rule that adultery is a defense to support claims. A petition filed in bad faith, by a spouse guilty of acts barring legal separation, is not within the intent of the law granting separate support.

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    The petitioner Lerma filed a complaint for adultery against his wife Diaz. In response, Diaz filed for legal separation and support pendente lite. The court granted her support. Lerma appealed, arguing that adultery is a valid defense against claims for support. The court agreed, finding that if a spouse is guilty of adultery, which would bar them from legal separation, they cannot use a legal separation suit as a way to obtain support pendente lite. Allowing that would circumvent the rule that adultery is a defense to support claims. A petition filed in bad faith, by a spouse guilty of acts barring legal separation, is not within the intent of the law granting separate support.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    19 views1 page

    Key Take-Away or Doctrine To Remember

    Uploaded by

    k santos
    The petitioner Lerma filed a complaint for adultery against his wife Diaz. In response, Diaz filed for legal separation and support pendente lite. The court granted her support. Lerma appealed, arguing that adultery is a valid defense against claims for support. The court agreed, finding that if a spouse is guilty of adultery, which would bar them from legal separation, they cannot use a legal separation suit as a way to obtain support pendente lite. Allowing that would circumvent the rule that adultery is a defense to support claims. A petition filed in bad faith, by a spouse guilty of acts barring legal separation, is not within the intent of the law granting separate support.

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    Support and Custody pedente lite Lerma v.

    CA

    KEY TAKE-AWAY OR DOCTRINE TO REMEMBER

    If legal separation cannot be claimed by the guilty spouse in the first place, the fact that an action for that purpose is filed
    anyway should not be permitted to be used as a means to obtain support pendente lite, which, without such action, would be
    denied on the strength of the decisions of this Court recognizing adultery as a good defense

    RECIT-READY / SUMMARY
    FACTS

     Petitioner Lerma and Respondent Diaz were validly married in 1951


     In 1696, Lerma filed a complaint for ADULTERY against Diaz and certain Teodoro Ramirez
     In response, Diaz instituted a case for legal separation and/ or separation of property, custody of their children, and
    support with an urgent petition for support pendente lite for her and their youngest son, Gregory
     The petition for legal separation was based on: (1) concubinage (2) attempt against her life.
     Judge Luciano granted Diaz’s application for support pendent lite and declared that (1) the respondent was declared
    entitled to support pendente lite from the date of the filing of the complaint; and (2) the amount of such monthly
    support was reduced from P2,250.00 to Pl,820.00.
     Aggrieved, Lerma, assailed the order of Judge Luciano and seek for its prohibition

    ISSUES / RATIO ARTICLES/LAWS INVOLVED


    WON adultery is a good defense against the claim for support
    pendent lite filed by Diaz

    HELD

    YES. Adultery is a good defense. As ruled in Quintana v Lerma and Sanchez v Zulueta, the Court ruled that adultery is a good
    defense against the respondent’s claim for support pendent lite. If legal separation cannot be claimed by the guilty spouse in
    the first place, the fact that an action for that purpose is filed anyway should not be permitted to be used as a means to obtain
    support pendente lite, which, without such action, would be denied on the strength of the decisions of this Court recognizing
    adultery as a good defense. Otherwise, as pointed out by the 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.

    A petition in bad faith, such as that filed by one who is himself or herself guilty of an act which constitutes a ground for
    legal separation at the instance of the other spouse, cannot be considered as within the intendment of the law granting
    separate support.

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