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    Banez Vs Banez

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    Lea Gabrielle Fariola
    The Supreme Court granted most of the petitioner's motions but set aside the release of PHP 100,000 in legal fees, the writ of execution, and symbolic delivery of property. The effects of legal separation like separate living, dissolution of property, and child custody stem from the decree, not as separate issues. The administrator must recover the PHP 100,000 from petitioner's counsel, and the Court of Appeals must hear respondent's appeal.

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    Banez Vs Banez

    Uploaded by

    Lea Gabrielle Fariola
    139 views2 pages
    The Supreme Court granted most of the petitioner's motions but set aside the release of PHP 100,000 in legal fees, the writ of execution, and symbolic delivery of property. The effects of legal separation like separate living, dissolution of property, and child custody stem from the decree, not as separate issues. The administrator must recover the PHP 100,000 from petitioner's counsel, and the Court of Appeals must hear respondent's appeal.

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    Case Digest

    Original Title

    Banez vs Banez

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    The Supreme Court granted most of the petitioner's motions but set aside the release of PHP 100,000 in legal fees, the writ of execution, and symbolic delivery of property. The effects of legal separation like separate living, dissolution of property, and child custody stem from the decree, not as separate issues. The administrator must recover the PHP 100,000 from petitioner's counsel, and the Court of Appeals must hear respondent's appeal.

    Copyright:

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

    Banez Vs Banez

    Uploaded by

    Lea Gabrielle Fariola
    The Supreme Court granted most of the petitioner's motions but set aside the release of PHP 100,000 in legal fees, the writ of execution, and symbolic delivery of property. The effects of legal separation like separate living, dissolution of property, and child custody stem from the decree, not as separate issues. The administrator must recover the PHP 100,000 from petitioner's counsel, and the Court of Appeals must hear respondent's appeal.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Topic: Effects of Decree of Legal Separation

    Aida Bañez, petitioner vs Gabriel Bañez, respondent


    GR 132592 January 23, 2002

    FACTS:
    RTC of Cebu, Branch 20 made a decision decreeing the legal separation between
    petitioner between petitioner Aida Banez and respondent Gabriel Banez on the ground of sexual
    infidelity of the latter; the dissolution of their conjugal property relations and the division of their
    net conjugal assets, the forfeiture of the respondent’s one-half share in the net conjugal asset in
    favor of the common children, the payment of the petitioner’s counsel of the sum of PhP 100,000
    as attorney’s fees to be taken from the petitioner’s share in the net assets; and the surrender by
    respondent of the use and possession of a Mazda motor vehicle and the smaller residential house
    located at Maria Luisa Estate Park Subdivision to petitioner and the common children within 15
    days from receipt of the decision.

    Gabriel filed a petition for certiorari. And the CA’s decision is to set aside the release of
    the PhP 100,000 to petitione’s counsel as adcance share of the private respondent and the
    granting of the motion for execution pending appeal by ordering Gabriel to vacate the premises
    of the residential house and surrender the use of the vehicle. Also set aside is the symbolic
    delivery of the house and vehicle to the administrator.

    Gabriel filed a notice of appeal to the Court of Appeals while Aida filed a motion to
    dismiss the appeal on the ground of failure to file with the appellate court. In Gabriel’s comment,
    he denied the petitioner’s allegation that she did not have the chance to occupy the residential
    house. He averred that she could have, had she chosen to. According to him, as inventory of the
    couple’s properties showed, she owns two houses and lots and two motor vehicles in the United
    States where she is a permanent resident. He contended that there was no compelling reason to
    have the judgement executed pending appeal.

    The petitioner is hereby ordered to post a bond of PhP1,500,000 to answer for all the
    damages that may be suffered from the issuance of the writ of execution – the surrender of the
    vehicle and the residential house.

    ISSUE:

    Whether or not all the motions prayed for by the petitioner be granted?

    RULING:

    The Supreme Court granted all other motions except for the following: the release of the
    PhP100,000 to the petitioner’s counsel, the writ of execution and the granting of the motion by
    the sheriff to make symbolic delivery of the house and vehicle; as these motions were set aside.

    The effects of legal separation such as the entitlement to live separately, dissolution and
    liquidation of the absolute community or conjugal partnership, and custody of the minor
    children, follow from the decree of legal separation. They are not separate or distinct matters that
    may be resolved by the court and become final prior to or apart from the decree of legal
    separation.

    The administrator of the conjugal partnership is ordered to cause the reimbursement by


    the petitioner’s counsel of the released amount of PhP100,000. The Court of Appeals was also
    directed to give due course to the respondent’s appeal and the records of the cases to be
    remanded to the same court.

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