Arroyo v. Vazquez de Arroyo, G.R. No.

L-17014 (1912)
FACTS:
Plaintiff Mariano and defendant Dolores were married in 1910, and lived in Iloilo City.
They lived together with a few short intervals of separation. On July 4, 1920, defendant
Dolores went away from their common home and decided to live separately from
plaintiff. She claimed that she was compelled to leave on the basis of cruel treatment
on the part of her husband. She in turn prayed for a decree of separation, a liquidation
of their conjugal partnership, and an allowance for counsel fees and permanent
separate maintenance.
CFI ruled in favor of the defendant and she was granted alimony amounting to P400,
also other fees
Plaintiff then asked for a restitution of conjugal rights, and a permanent mandatory
injunction requiring the defendant to return to the conjugal home and live with him as his
wife.

ISSUES:
1. WON defendant had sufficient cause for leaving the conjugal home
2. WON plaintiff may be granted the restitution of conjugal rights or absolute order or
permanent mandatory injunction

HELD:
1. The wife had sufficient cause for leaving the conjugal home. Cruelty done by plaintiff
to defendant was greatly exaggerated. The wife was inflicted with a disposition of
jealousy towards her husband in an aggravated degree. No sufficient cause was
present.
Courts should move with caution in enforcing the duty to provide for the separate
maintenance of the wife since this recognizes the de facto separation of the two parties.
Continued cohabitation of the pair must be seen as impossible, and separation must be
necessary, stemming from the fault of the husband. She is under obligation to return to
the domicile.
“When people understand that they must live together…they learn to soften by
mutual accommodation that yoke which they know they cannot shake off; they become
good husbands and wives…necessity is a powerful master in teaching the duties which
it imposes…” (Evans v. Evans)
2. On granting the restitution of conjugal rights. It is not within the province of
the courts to compel one of the spouses to cohabit with, and render conjugal rights to,
the other. In the case of property rights, such an action may be maintained. Said order,
at best, would have no other purpose than to compel the spouses to live
together. Other countries, such as England and Scotland have done this with
much criticism.
Plaintiff is entitled to a judicial declaration that the defendant absented herself without
sufficient cause and it is her duty to return. She is also not entitled to support.