1.munoz Vs Del Barrio

1. o Atty.
Macias: Jose boxed Felicidad in abdomen,

V. Legal Separation pulled her hair, twisted her neck – when Macias,
b. Grounds Leoncio Santos, and Jose Enriquez separated the
two
Munoz v. del Barrio (1955)
Pertinent laws/provisions/concepts:
Petition: Appeal from Judgment of Bulacan CFI  Art 293 [Civil Code]
Plaintiff-Appellant: Felicidad P. Munoz
In an action for legal separation or annulment of marriage, attorney's fees
Respondent-Appellee: Jose del Barrio and expenses for litigation shall be charged to the conjugal partnership
Ponente: J. Ysip (Court of Appeals?) property, unless the action fails.
Date: 15 April 1955
 Art 98 [Civil Code]
Facts:
 24 Sep 1942 – Felicidad and Jose married, In every case the court must take steps, before granting the legal separation,
toward the reconciliation of the spouses, and must be fully satisfied that
(Mun. Court of Mla.) such reconciliation is highly improbable. (n)
o 24 Oct 1942 – married again (canonically)
o two children: Felix Luis (11), Maria Teresa (9)  Art 97 [Civil Code]
o quarreled frequently – husband allegedly
maltreated wife “by deed” A petition for legal separation may be filed:
o 1947 – Wife couldn’t take it anymore, lived (1) For adultery on the part of the wife and for concubinage on the part of
the husband as defined in the Penal Code; or
separately (Wife in Bulacan; Husband in Mla.)
(2) An attempt by one spouse against the life of the other. (n)
 Dec 1950 or Jan 1951 – Maltreated by husband
again Issues:
o Also in Sep 1951 1. Did Jose’s actions constitute an attempt on the life of
 26 Oct 1951 – Felicidad filed petition alleging Jose had Felicidad, and therefore presented a ground for legal
made several attempts on her life, which compelled living separation, under Art. 97 of the Civil Code?
separately; and Jose has not provided support for
children Ruling/Ratio:
o prayed to Court [Bulacan CFI]: 1. NO.
 Decree of legal separation (see Art. 97,  NOTE: to try the case under Art. 97 of the Civil
Civil Code) Code, the court just considered the beatings to
 Felicidad be awarded custody have allegedly occurred in Dec 1950 or Jan 1951
 Jose be directed to contribute support – after the new Civil Code had come into effect.
of children  Citing Dean Francisco (comments on RPC):
 Felicidad allowed costs, atty.’s fees “absolutely necessary that the homicidal intent
(P200) – charged against conjugal be evidenced by adequate acts… unmistakably
property, pursuant to Art. 293 of Civil calculated to produce the death of the victim.”
Code  US v. Reyes: “[a] personal assault must be
 Post expenses conjugal prop., divided punished according to its consequences and the
into equal parts to Felicidad and Jose; harm done to the victim, for the penal law in this
dissolve, liquidate conjug. prop. class of crimes is only concerned with the
 Granted any further relief that may be material results produced by the transgression,
just/equitable unless the perverse intention of taking the
 12 Nov. 1951 – Jose answered petition, should be victim’s life be clearly manifested.
dismissed, lac of merit: contrary to moral and good  In the case, Jose only used his (1) bare fists; (2)
customes; not authorized/sanctioned by statue desisted from further chastisement after the
 Court, after complying with Art. 98 [Civil Code], dismissed spur of impulse – intent to kill has not been
the petition: lack of merit established clearly and convincingly (even under
o Felicidad appealed less stringent condition of preponderance of
evidence, for Civil Cases)
Petitioner’s evidence/testimonies  Court notes: Felicidad had not filed to have Jose
 Jovita Faustino [tenant of Felicidad’s father]: quarrel of criminally charged w/ attempted parricide
spouses, March 1950 (showing perhaps that Felicidad may also have
 Patrolman Mallari: encounter in Dec 1950 or Jan 1951 been unsure about her evidence)
o Did not personally witness the alleged encounter
o But, saw Felicidad crying; scratches on brow,
cheeks; parts of neck were blackened Decision: Decision of the trial court in conformity with the law and
(ecchymosis) the evidence of record – affirmed.
 Felicidad and her atty.: encounter
o Felicidad: fist blow to face Principles: Legal Separation  Grounds

1.munoz Vs Del Barrio

Uploaded by

Copyright:

Available Formats

1.munoz Vs Del Barrio

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

1.munoz Vs Del Barrio

Uploaded by

Copyright:

Available Formats

1. o Atty.

Macias: Jose boxed Felicidad in abdomen,

You might also like