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    2 Sabalones V CA

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    Jc Isidro
    1) Remedios filed for legal separation from her husband Sabalones and forfeiture of his share in their conjugal properties due to adultery. The lower court granted this. 2) While the case was on appeal, Remedios sought a preliminary injunction to prevent Sabalones from interfering with the administration of their properties, alleging he was harassing tenants. 3) The Court of Appeals granted the injunction. Sabalones appealed, arguing the injunction prevented his rights to jointly administer properties under the Family Code. 4) The Supreme Court denied the appeal and affirmed the injunction. It found Remedios was implicitly designated administrator when Sabalones' share was forfeited. The injunction was proper to

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    2 Sabalones V CA

    Uploaded by

    Jc Isidro
    61 views2 pages
    1) Remedios filed for legal separation from her husband Sabalones and forfeiture of his share in their conjugal properties due to adultery. The lower court granted this. 2) While the case was on appeal, Remedios sought a preliminary injunction to prevent Sabalones from interfering with the administration of their properties, alleging he was harassing tenants. 3) The Court of Appeals granted the injunction. Sabalones appealed, arguing the injunction prevented his rights to jointly administer properties under the Family Code. 4) The Supreme Court denied the appeal and affirmed the injunction. It found Remedios was implicitly designated administrator when Sabalones' share was forfeited. The injunction was proper to

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    2 Sabalones v CA

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    1) Remedios filed for legal separation from her husband Sabalones and forfeiture of his share in their conjugal properties due to adultery. The lower court granted this. 2) While the case was on appeal, Remedios sought a preliminary injunction to prevent Sabalones from interfering with the administration of their properties, alleging he was harassing tenants. 3) The Court of Appeals granted the injunction. Sabalones appealed, arguing the injunction prevented his rights to jointly administer properties under the Family Code. 4) The Supreme Court denied the appeal and affirmed the injunction. It found Remedios was implicitly designated administrator when Sabalones' share was forfeited. The injunction was proper to

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    61 views2 pages

    2 Sabalones V CA

    Uploaded by

    Jc Isidro
    1) Remedios filed for legal separation from her husband Sabalones and forfeiture of his share in their conjugal properties due to adultery. The lower court granted this. 2) While the case was on appeal, Remedios sought a preliminary injunction to prevent Sabalones from interfering with the administration of their properties, alleging he was harassing tenants. 3) The Court of Appeals granted the injunction. Sabalones appealed, arguing the injunction prevented his rights to jointly administer properties under the Family Code. 4) The Supreme Court denied the appeal and affirmed the injunction. It found Remedios was implicitly designated administrator when Sabalones' share was forfeited. The injunction was proper to

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    SABALONES v CA Forbes Park was on lease; and that they depend for their support

    on such lease revenues. More over, that when he returned, he


    Topic: Effects of pendency of legal separation – administration of
    instead cohabits with Curameng and their children.
    properties.
    Because of this, Remedios prayed for legal separation, the
    liquidation of the conjugal properties, and that Sabalones is
    Doctrine: The right of a spouse to administer the conjugal
    forfeited of his share because of his adultery. She also prayed to
    property is also forfeited when his or her share to it was forfeited
    enjoin him from disturbing the tenants in Forbes Park and from
    as a result of a petition for legal separation.
    disposing any of the conjugal properties.
    The lower court decreed the legal separation and the forfeiture
    In the absence of a written agreement between the spouses, the
    of Sabalones’ share in the conjugal properties.
    court shall designate either of them or a third person to administer
    the absolute community or conjugal partnership property. Sabalones appealed this decision. While the case was pending,
    Remedios filed a writ of preliminary injunction to prevent
    The court may grant preliminary injunction to preserve the status
    quo of the things subject of the action or the relations between the Sabalones from interfering with the administration of their
    parties and thus protect the rights of the plaintiff respecting these properties – alleging that Sabalones was harassing the tenants in
    matters during the pendency of the suit.
    Forbes Park.

    Facts: The Court of Appeals granted the preliminary injunction.


    Sabalones filed for petition for review of this order – arguing FC
    Samson Sabalos was an ambassador. While out of the country, Art. 124 provides that the administration and enjoyment of the
    Remedios was the administrator of their conjugal properties. conjugal properties belong to both spouses jointly. Therefore, no
    After retiring in 1985, Sabalones returned to the Philippines but injunctive relief can be issued against him.
    not to his wife, Remedios. And that the court failed to appoint an administrator of the
    He filed an action for judicial authorization to sell a building and conjugal assets after the filing of the petition for legal separation,
    lot belonging to the conjugal partnership; for his medical as mandated by Art. 61.
    expenses.
    Remedios opposed the authorization and filed a counterclaim Issue: Whether the injunctive relief should be issued despite FC Art
    for legal separation. She alleged that she and her six children with 124.
    him are living in the said property; and that their residence in
    Held: Yes. Petition denied. Injunction affirmed.

    Ratio:
    “It is true that there was no formal designation of administrator,
    but the designation was implicit when the lower court denied
    Sabalones of his share in the conjugal properties. Thus,
    disqualifying him as well to be an administrator.”
    There is enough evidence to raise doubts that entrusting the
    properties to Sabalones may result to the detriment of his wife
    and children.
    The Supreme Court agrees that it would be prudent not to allow
    him in the meantime to participate in its management; given that
    he harassed the tenants and that he issued a quit claim regarding
    a conjugal property in US in favor of Curameng.
    Therefore, injuctive relief is proper to protect Remedios and their
    children.

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