LERMA VS Court of Appeals

 FACTS:

Husband Teodoro Lerma sued his wife and a certain Teddy Ramirez for adultery. Sometime later, the wife sued Lerma for legal separation with an urgent motion for support pendente lite. Lerma opposed the motion setting up the wife's alleged adultery as a defense.

ISSUE: 

Is the adultery a valid defense?

Held:

Yes. The alleged adultery adultery of the wife is a valid defense if there is a good chance that this adultery can be proved. And this is true, whether what is asked is support from the husband’s capital or from the conjugal partnership property, because even in the latter case where conjugal partnership assets are involved, the right to a separate maintenance is granted only if there is justifiable cause for it, not when the person asking is, to all appearance, guilty of adultery.

Art. 56. The petition for legal separation shall be denied on any of the following grounds:

(1) Where the aggrieved party has condoned the offense or act complained of;

(2) Where the aggrieved party has consented to the commission of the offense or act complained of;

(3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation;

(4) Where both parties have given ground for legal separation;

(5) Where there is collusion between the parties to obtain decree of legal separation; or

(6) Where the action is barred by prescription. (100a)