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