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    Sabalones v. Sabvalones

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    Trina Rivera
    The petitioner Samson Sabalones filed an action for judicial authorization to sell a conjugal property after retiring as an ambassador. His wife Remedios opposed and filed for legal separation, alleging that Samson had a bigamous second marriage. The court granted the legal separation, forfeited Samson's share of properties, and found he was not entitled to support from Remedios. Remedios then sought a preliminary injunction to prevent Samson from interfering with her administration of their properties, which the Court of Appeals granted. The Supreme Court agreed, finding that pending the appointment of an administrator for the conjugal assets, allowing Remedios to continue administering the properties was justified and necessary to protect her and her children's interests

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    Sabalones v. Sabvalones

    Uploaded by

    Trina Rivera
    176 views2 pages
    The petitioner Samson Sabalones filed an action for judicial authorization to sell a conjugal property after retiring as an ambassador. His wife Remedios opposed and filed for legal separation, alleging that Samson had a bigamous second marriage. The court granted the legal separation, forfeited Samson's share of properties, and found he was not entitled to support from Remedios. Remedios then sought a preliminary injunction to prevent Samson from interfering with her administration of their properties, which the Court of Appeals granted. The Supreme Court agreed, finding that pending the appointment of an administrator for the conjugal assets, allowing Remedios to continue administering the properties was justified and necessary to protect her and her children's interests

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    The petitioner Samson Sabalones filed an action for judicial authorization to sell a conjugal property after retiring as an ambassador. His wife Remedios opposed and filed for legal separation, alleging that Samson had a bigamous second marriage. The court granted the legal separation, forfeited Samson's share of properties, and found he was not entitled to support from Remedios. Remedios then sought a preliminary injunction to prevent Samson from interfering with her administration of their properties, which the Court of Appeals granted. The Supreme Court agreed, finding that pending the appointment of an administrator for the conjugal assets, allowing Remedios to continue administering the properties was justified and necessary to protect her and her children's interests

    Copyright:

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

    Sabalones v. Sabvalones

    Uploaded by

    Trina Rivera
    The petitioner Samson Sabalones filed an action for judicial authorization to sell a conjugal property after retiring as an ambassador. His wife Remedios opposed and filed for legal separation, alleging that Samson had a bigamous second marriage. The court granted the legal separation, forfeited Samson's share of properties, and found he was not entitled to support from Remedios. Remedios then sought a preliminary injunction to prevent Samson from interfering with her administration of their properties, which the Court of Appeals granted. The Supreme Court agreed, finding that pending the appointment of an administrator for the conjugal assets, allowing Remedios to continue administering the properties was justified and necessary to protect her and her children's interests

    Copyright:

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

    SABALONES V.

    SABALONES
    GR No. 106169 | February 19, 1994

    Petitioner: Samson T. Sabalones


    Respondent: CA; Remedios Gaviola - Sabalones
    Facts:
    1. Petitioner Samson Sabalones, as a member of diplomatic services assigned to
    different countries during his successive tours of duties, left to his wife,
    respondent Remedios, the administration of some of their conjugal properties for
    fifteen (15) years.
    2. Samson retired as ambassador in 1985 and came back to the Philippines but
    not to his wife and children. After 4 years, Samson now 68 and sick, filed an
    action for judicial authorization to sell a building and lot located at Greenhills,
    San Juan. He claimed that he was going to use the share of the proceeds of the
    sale to defray the costs of his hospitalization.
    3. Remedios opposed the authorization and filed a counterclaim for legal
    separation. She alleged that the house in Greenhills was occupied by her and
    their 6 kids and they were depending for their support on the rentals from
    another conjugal property in Forbes Park on lease to Nobumchi Izumi. She
    further said that despite her husband’s retirement, he had not returned to his
    legitimate family and was instead in a separate residence with another woman
    and their 3 kids.
    4. Remedios asked the court to grant the decree of her legal separation and
    order the liquidation of their conjugal properties, with forfeiture of her husband’s
    share because of his adultery.
    5. The court found out that Samson had indeed a bigamous second marriage to
    whom he came home to upon his retirement. The court thus decreed Remedios’
    prayer of legal separation between the spouses, forfeiture of the petitioner’s
    share in their properties, declaring that Samson was not entitled to support from
    his respondent wife.
    6. Remedios filed a motion for the issuance of a writ of preliminary injunction to
    enjoin the petitioner from interfering with the administration of their properties
    in Greenhills and Forbes Park. CA granted.
    7. The husband opposed, arguing that since the law provides a joint
    administration of the conjugal properties by the husband and wife, no injunctive
    relief can be issued against one or the other because no right will be violated.
    Issue:
    W/N a preliminary injunction can be issued by the Court?
    Ruling:
    Yes. SC agreed with CA that pending the appointment of an administrator over
    the whole mass of conjugal assets, the respondent court was justified in allowing
    the wife to continue with her administration.
    The law does indeed grant to the spouses joint administration over the conjugal
    properties as clearly provided in the above-cited Article 124 of the Family Code.
    However, Article 61, also above quoted, states that after a petition for legal
    separation has been filed, the trial court shall, in the absence of a written
    agreement between the couple, appoint either one of the spouses or a third
    person to act as the administrator.
    In her motion for the issuance of a preliminary injunction, the respondent wife
    alleged that the petitioner's harassment of their tenant at Forbes Park would
    jeopardize the lease and deprive her and her children of the income therefrom
    on which they depend for their subsistence. The wife also complained that on
    June 10, 1991, the petitioner executed a quitclaim over their conjugal property in
    California, USA to favour the husband’s paramour.

    These allegations, none of which was refuted by the husband, show that the
    injunction is necessary to protect the interests of the private respondent and her
    children and prevent the dissipation of the conjugal assets.
    Let it be stressed that the injunction has not permanently installed the
    respondent wife as the administrator of the whole mass of conjugal assets. It has
    merely allowed her to continue administering the properties in the meantime
    without interference from the petitioner, pending the express designation of the
    administrator in accordance with Article 61 of the Family Code.

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