Gandiongco vs Penaranda

Gandionco vs Penaranda

GR No. 72984, November 27, 1987

FACTS:

Private respondent, Teresita Gandionco, filed a complaint against herein petitioner, Froilan Gandionco for legal separation on the ground of concubinage as a civil case.  Teresita also filed a criminal complaint of concubinage against her husband.  She likewise filed an application for the provisional remedy of support pendent elite which was approved and ordered by the respondent judge.  Petitioner moved to suspend the action for legal separation and the incidents consequent thereto such as the support for pendent elite, in view of the criminal case for concubinage filed against him.  He contends that the civil action for legal separation is inextricably tied with the criminal action thus, all proceedings related to legal separation will have to be suspended and await the conviction or acquittal of the criminal case.

ISSUE: Whether or not a civil case for legal separation can proceed pending the resolution of the criminal case for concubinage.

HELD:

Supreme Court ruled that the contentions of the petitioner were incorrect.  A civil action for legal separation on the ground of concubinage may proceed ahead of, or simultaneously with, a criminal action for concubinage, because said civil action is not one to enforce the civil liability arising from the offense, even if both the civil and criminal actions arise from or are related to the same offense.  Such civil action is one intended to obtain the right to live separately, with the legal consequences thereof including the dissolution of the conjugal partnership of gains, custody of the children, support and disqualifications from inheriting from the innocent spouse.  Decree of legal separation may be issued upon proof by preponderance of evidence, where no criminal proceeding or conviction is necessary.

Furthermore, the support pendente lite, as a remedy, can be availed of in an action for legal separation, and granted at the discretion of the judge.   If in case, the petitioner finds the amount of support pendente lite ordered as too onerous, he can always file a motion to modify or reduce the same.