Partosa-Jo vs CA

Partosa-Jo vs CA
GR 82606, December 18, 1992

FACTS:
The petitioner, Prima Partosa-Jo, is the legal wife of Jose Jo, herein private
respondent. The latter admitted to have cohabited with 3 women and fathered 15 children.
Prima filed a complaint against the husband for judicial separation of conjugal property in
addition to an earlier action for support which was consolidated. RTC decision was a definite
disposition of the complaint for support but none of that for the judicial separation of
conjugal property. Jose elevated the decision to CA which affirmed rulings of the trial court.
The complaint on the separation of property was dismissed for lack of cause of action on the
ground that separation by agreement was not covered in Art. 178 of the Civil Code. Prima
contested that the agreement between her and Jose was for her to temporarily live with her
parents during the initial period of her pregnancy and for him to visit and support her. They
never agreed to be separated permanently. She even returned to him but the latter refused
to accept her.
ISSUE:
WON there is abandonment on the part of Jose Jo to warrant judicial separation of
conjugal property.
HELD:
SC is in the position that respondent court should have made the necessary
modification instead of dismissing the case filed. For abandonment to exist, there must be
an absolute cessation of marital relations, duties and rights, with the intention of perpetual
separation. The fact that Jo did not accept her demonstrates that he had no intention of
resuming their conjugal relationship. From 1968 until 1988, Jose refused to provide financial
support to Prima. Hence, the physical separation of the parties, coupled with the refusal by
the private respondent to give support to the petitioner, sufficed to constitute abandonment
as a ground for the judicial separation of their conjugal property.
Wherefore, the petition was granted and in favor of the petitioner and that the court
ordered the conjugal property of the spouses be divided between them, share and share
alike. The division will be implemented after the determination of all the properties
pertaining to the said conjugal partnership including those that may have been illegally
registered in the name of the persons.