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CASE NO: 111 - DELA CRUZ V DELA CRUZ PONENTE: CASTRO J. EFFECTS OF ABANDONMENT FACTS: 1.

) Estrella dela Cruz was married to Severino dela Cruz on February 1, 1938 in Bacolod City. They had 6 children. 2.) During their marriage, they were able to acquire seven parcels of land in Bacolod and Silay. These were registered under their names. (page 334 for valuation). These properties were able to yield a net profit of 3390.39 3.) They are also engaged in various business ventures namely the Philippine Texboard Factory, which is their principal business, Top Service Inc., which had 3 branches. One located in MH del pilar in Manila which they purchased for 285K, an amount borrowed from Manufacturers Bank and Trust Company. They presented Silay hacienda and all their parcels of land located in Bacolod City. 4.) Estrella filed a complaint on July 22, 1958 alleging that her spouse had abandoned her and mismanaged their conjugal partnership properties. Hence, shes praying for a separation of properties and monthly support of 2500 as well as attorneys fees of 20K. 5.) The court granted her petition but reduced her support to 2000. On June 1, 1961, RTC rendered its judgement on the separation and division of the conjugal assets and directing Severino to pay 20K as attys fees. 6.) Severino appealed. (page 335 for the alleged errors of the lower court). In summary: a.) That he only visited his family once. b.) That he had a mistress name Nenita Hernandez c.) That he abandoned his family d.) That he abused the administration of the conjugal partnership etc. (pero ito lang important) 7.) In Estrellas testimony, she said that Severino started living in Manila in 1955. He occasionally returned to Bacolod but he slept in his office during his short visits. In 1949, she began to suspect that her husband had a mistress because she found a note from Nenita saying theyd meet at the church. When confronted, Severino denied. Another letter from Nenita was found in his safe saying that she was sorry for her misconduct and that she was alone in a Hotel in Baguio, lonely in a place for honeymooners. 8.) The next day, severino left immediately for manila. Thereafter, Estrella went to Baguio and saw that Nenita actually statyed at the Patria Hotel and that she had already left before she arrived. 9.) Estrella went to Manila to confront her husband but Severino denied that he had further relations with Nenita. 10.) Celia Banez, their cook, was one of her witnesses. She said that she only saw Severino once in their house. But Estrella contradicted her testimony saying that Severino made short visits to their home holding short conversations. 11.) Severino on the other hand denied having abandoned his wife. He slept in his office to teach his wife a lesson and to be able to sleep without all the nagging of his wife. Also, his stay in Manila was required due to the expansion of their business. Also, he did not abandon his family, evidenced by his continued financial support to them. Not only 500 as the wife claims but 1200-1500 per month which was given personally by him or his manager, who testified the same, to his wife. 12.) He also answered for the education and allowances of his children. And they actually withdrew money from the business for their expenses. 13.) As for the abuse of the conjugal assets, the wife was afraid that he would eventually give everything to his mistress. However, he said that from a single cargo truck which he drove himself at the time of their marriage, he was able to grow their business while his wife was only playing mah-jong. ISSUE: WON there has been abandonment in the legal sense by the defendant or WON there was an abuse of conjugal partnership assets so as to satisfy Estrellas plea for separation of properties. HELD: NO. There was no abandonment and abuse of conjugal partnership properties. ANALYSIS: Article 178 of the Civil Code talks of real abandonment not mere separation. The abandonment must not only be physical estrangement but also financial and moral desertion. In fact he never stopped supporting his family so he had no intention to forsake her entirely.

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