DE LA VINA v VILLAREAL AND GEOPANO REYES v INES-LUCIANO Narcisa Geopano filed a complaint in the Court of First Instance of the

Province of Iloilo against Diego de la Via, alleging, among other things that she was a resident of Iloilo while respondent is a resident of Oriental Negros, that she was the legitimate wife of defendant and they have 9 children, that they have acquired property which are now under the administration of husband, that husband had been committing acts of adultery with Ana Calog, that husband ejected her from conjugal home and thus she established her residence in Iloilo, that she had no means of support and was only living at the expense of one of her daughters. She prayed for divorce, a partition of the conjugal property, and alimony pendente lite in the sum of P400/month. She also prayed for a preliminary injunction restraining her and prohibiting her husband from conjugal property since defendant was trying to alienate or encumber said property. CFI granted preliminary injunction but respondent appealed claiming that CFI Iloilo has no jurisdiction since wife should follow his domicile and that the judge has exceeded his power in granting the preliminary injunction. WON a married woman may ever acquire a residence or domicile separate from that of her husband during the existence of the marriage WON the wife, in an action for divorce brought by her against the husband, in which the partition of the conjugal property is prayed for, may obtain a preliminary injunction against the husband restraining and prohibiting him from alienating or encumbering any part of the conjugal property during the pendency of the action YES. As a general principle of law, the domicile of the wife follows that of her husband. However, this is not an absolute rule. The wife may acquire another and separate domicile from that of her husband where the theoretical unity of husband and wife is dissolved, as it is by the institution of divorce proceedings; or where the husband has given cause for divorce; or where there is a separation of the parties by agreement, or a permanent separation due to desertion of the wife by the husband or attributable to cruel treatment on the part of the husband; or where there has been forfeiture by the wife of the benefit of the husbands domicile. YES. When the relationship between husband and wife ceases, and in a proper action, the wife seeks to dissolve the marriage and to partition the conjugal property, it is but just and proper, in order to protect the interests of the wife, that the husbands power of administration be curtailed, during the pendency of the action, insofar as alienating or encumbering the conjugal property is concerned. Celia Ilustre-Reyes filed legal separation against Manuel Reyes on the ground that the defendant had attempted to kill the plaintiff. Two acts were specified in the complaint. In the first instance, the defendant pummeled her with fist blows that floored her, then held her head and, with intent to kill, bumped it several times against the cement floor. He also pushed her at the stairway of 13 flights and gave her another swing at the abdomen which floored her half unconscious. Were it not for plaintiffs father, he would have succeeded killing her. In the second instance, he doused her with grape juice, kicked her several times that landed at her back and nape and was going to hit her with a steel tray as her driver came to her rescue. Aside from the legal separation, she asked for support pendente lite for her and her 3 children. Wife presented documents showing that the conjugally-owned corporations managed by husband have entered into multi-million contracts in projects. Defendant opposed on the ground that she committed adultery with her physician. RTC and CA granted support pendente lite. Support was first set at P5k/month but was reduced to P4k/month. WON in an action for legal separation, the wife is entitled to support despite the fact that a case for adultery has been filed by the husband against her WON in determining the amount of support pendente lite, it is enough that the court ascertain the kind and amount of evidence even by affidavits only or other documentary evidence appearing in the records. YES. It is true that the adultery of the wife is a defense in action for support. However, in this case, the alleged adultery of the wife was not established by competent evidence. Also, the wife was not asking support to be taken from husbands personal funds or wherewithal but from the conjugal property. It is therefore doubtful whether adultery will affect her right to alimony pendente lite. YES. In determining the amount to be awarded as support pendente lite, it is not necessary to go fully into the merits of the case, it being sufficient that the court ascertain the kind and amount of evidence which it may deem sufficient to enable it to justly resolve the application, one way or the other, in view of the merely provisional character of the resolution to be entered. Mere affidavits may satisfy the court to pass upon the application support for pendente lite. It is enough that facts be established by affidavits or other documentary evidence appearing in the record.