Goitia vs Campos-Rueda

Goitia vs. Campos-Rueda

35 Phil 252

FACTS:

Luisa Goitia y de la Camara, petitioner, and Jose Campos y Rueda, respondent, were married on January 7, 1915 and had a residence at 115 Calle San Marcelino Manila.  They stayed together for a month before petitioner returned to her parent’s home.  Goitia filed a complaint against respondent for support outside the conjugal home.  It was alleged that respondent demanded her to perform unchaste and lascivious acts on his genital organs.  Petitioner refused to perform such acts and demanded her husband other than the legal and valid cohabitation.  Since Goitia kept on refusing, respondent maltreated her by word and deed, inflicting injuries upon her lops, face and different body parts.  The trial court ruled in favor of respondent and stated that Goitia could not compel her husband to support her except in the conjugal home unless it is by virtue of a judicial decree granting her separation or divorce from respondent.  Goitia filed motion for review.

ISSUE: Whether or not Goitia can compel her husband to support her outside the conjugal home.

HELD:

The obligation on the part of the husband to support his wife is created merely in the act of marriage.  The law provides that the husband, who is obliged to support the wife, may fulfill the obligation either by paying her a fixed pension or by maintaining her in his own home at his option.  However, this option given by law is not absolute.  The law will not permit the husband to evade or terminate his obligation to support his wife if the wife is driven away from the conjugal home because of his wrongful acts.  In the case at bar, the wife was forced to leave the conjugal abode because of the lewd designs and physical assault of the husband, she can therefore claim support from the husband for separate maintenance even outside the conjugal home.