Case Digest: Article 77 of Family Code (Quintana vs. Lerma)

MARIA QUINTANA, plaintiff-appellee, vs. GELASIO LERMA, defendant-appellant.

G.R. No. L-7426 February 5, 1913

FACTS: Gelasio Lerma appealed from the judgment of the lower court granting his wife, Maria Quintana, a sum of money allegedly due her based on a contract they made for support.

The two got married in 1901 and entered into a written agreement of separation in February 1905, renouncing certain rights as against each other, dividing the conjugal property between them and defendant undertaking the duty to provide plaintiff P20-worth of monthly support and maintenance to be given within the first three days of each month.

However, defendant claimed that his wife lost her right to support by committing adultery but under article 152 of the Civil Code, adultery was not a recognized ground upon which obligation to support ceases. The lower court did not recognized the same defense when defendant re-entered it in his amended complaint.

ISSUE: Whether or not the written agreement made by plaintiff and defendant was void.

HELD: Yes. Under article 1432 of the Civil Code, “in default of express declarations in the marriage contract, the separation of the property of the consorts, during marriage, shall only take place by virtue of a judicial decree, except in the case provided by article 50.” Therefore, the written agreement made by the parties was void but the wife still has a right of action against the defendant under this Code.