Case Digest: Article 61 of Family Code (Sabalones vs. CA et al.)

Sabalones vs. CA, et al.

G.R. No. 106169, February 14, 1994

48 SCAD 286

CRUZ, J.:

Facts: Sabalones, the petitioner who was a member of diplomatic service left his wife, herein respondent Remedios Gaviola-Sabalones, the administration of their conjugal properties for fifteen years. As the petitioner retired in 1985, he came back to the Philippines but not to his wife and their children. Four years later, petitioner filed an action for judicial authorization to sell a building and lot located at #17 Eisenhower St., Greenhills, San Juan, Metro Manila, belonging to the conjugal partnership.

He claimed that he was sixty-eight years old, very sick and living alone without any income, and that his share of the proceeds of the sale to defray the prohibitive cost of his hospitalization and medical treatment. Respondent opposed the authorization and filed a counterclaim for legal separation. She asked the court to grant the decree of legal separation and to order the liquidation of their conjugal properties, with forfeiture of her husband's share therein because of his adultery.

The court decreed the legal separation of the spouses and the forfeiture of the petitioner's share in their conjugal properties, declaring as well that he was not entitled to support from his respondent wife. Then, on April 7, 1992, CA granted the preliminary injunction prayed for by his wife.

Issue: Whether or not Court of Appeals can issue a writ of preliminary injunction against husband on part of his conjugal property

Held: Yes. The injunction was necessary to protect the interest of the private respondent and her children and prevent the dissipation of their conjugal assets.

The Court agreed to allow the wife to continue with her administration with their conjugal properties in the meantime without intervention from the petitioner, pending the express designation of the administrator in accordance with Article 61 of the Family Code.