Beruflich Dokumente
Kultur Dokumente
Persons When to try actions( Legal Separation) Petitioners: Lucy Somosa-Ramos Respondents: Judge
Cipriano Vementa, Jr. and Clemente Ramos
RELEVANT PROVISIONS:
Article 103, Civil Code. An action for legal separation shall in no case be tried before six months shall have
elapsed since the filing of the petition.
Article 104, Civil Code. After the filing of the petition for legal separation, the spouses shall be entitled to live
separately from each other and manage their respective property.
CASE SUMMARY:
DETAILED FACTS:
Lucy Somosa-Ramos filed a petition for legal separation against Clemente Ramos for concubinage and attempt on
her life.
At the same time, she filed before the same court a motion for preliminary injunction for the return of her
paraphernal and exclusive properties which was then under Clementes administration.
Clemente opposed such motion contending that if it were heard, the prospect of reconciliation would be dim. He
claimed that the court cant try cases for legal separation within the 6-month cooling-off period pursuant to Art. 103
of the Civil Code (Now Family Code Art. 58).
The court granted to opposition of Clemente and suspended the hearing of the motion for preliminary inunction.
ISSUE: HOLDING:
Whether Art. 103 is an absolute bar to hearing the NO
motion for reconsideration
The period of 6 months in Art. 103 is intended as a
cooling-off period to make reconciliation possible
because the parties recital of their grievances against
each other in court will definitely just make things
worse.
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--Extra explanation--
Petition granted. Respondent Judge is directed to proceed without delay to hear the motion for preliminary
mandatory injunction.
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