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Arroyo v Vasquez de Arroyo consortium.

The Court can grant a judicial


De Facto Separation – Effects on Personal Relations | G.R. declaration that PH was abandoned by
No. L-17014, August 11, 1921 Street, J. | Jasper Valencia RW without enough cause and that it is
her duty to return, but only so far as to
admonish her for such conduct.
Recitation Summary:
 Mariano married Dolores in 1910.
 Wife went away from their conjugal home SC RULING:
 Husband filed action to compel her to return. Plaintiff is entitled to a judicial declaration that the
 She made a counter complaint by accusing the defendant absented herself without enough cause and it is
husband of cruel treatment against her. her duty to return. She is also not entitled to support.
 Lower court granted her separation from husband.
 In petition to SC, husband presented evidence of See pertinent provisions: Art. 142, FC, Art 143, FC
wife's jealousy and dismissed allegations of cruelty
 He demanded for the restitution of their conjugal
rights.
 The Court found the complaint to be ill founded,
 it is not within the province of the courts to
attempt to compel one of the spouses to cohabit
with, and render conjugal rights to, the other.
 Plaintiff is entitled to a judicial declaration that the
defendant absented herself without enough cause
and it is her duty to return.

Facts of the case:


 Mariano married Dolores in 1910. They lived
together as husband and wife until July 4, 1920
when wife went away from their conjugal home
and despite pleadings from husband she refused to
return.
 Husband filed action to compel her to return.
 She responded thru a counter complaint by
accusing the husband of cruel treatment against
her.
 Lower court granted her separation from husband
with additional grant of alimony.
 In petition to SC, husband presented evidence of
wife's jealousy and dismissed allegations of cruelty
by painting them as mere exaggerations from
quarrels and it was never proven that he inflicted
bodily harm.
 He demanded for the restitution of their conjugal
rights.

ISSUES:
1. WON respondent wife's abandonment is justified.
a. NO. The Court found the complaint to be
ill founded, therefore Petitioner Husband
did nothing to forfeit his right to the
marital society of his wife and she has the
obligation to return to their home.

2. WON court has the power to compel respondent


wife to return to the conjugal home and live with
her husband.
a. NO. it is not within the province of the
courts to attempt to compel one of the
spouses to cohabit with, and render
conjugal rights to, the other. An order,
enforceable by process of contempt,
cannot be entered to compel the
restitution of purely personal right of