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 were 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.

Defendant claimed in his original answer to the action, that his wife lost her right to
support by committing adultery. However, under article 152 of the Civil Code, adultery
is not a recognized ground upon which obligation to support ceases.

The lower court did not recognize 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 was void but the wife still has a right of action
against the defendant under this Code.