CASE NO 112 : PARTOSA-JO VS CA PONENTE: CRUZ, J. EFFECTS OF ABANDONMENT FACTS: 1.

) Monina Partosa-Jo claims to be the legal wife of Jose Jo, who admits to having cohabited with 3 women and fathered 15 children. The other 2 wives are not parties to this case. He has one daughter with Monina. 2.) In 1980, Monina filed for judicial separation of conjugal properties Case no 51, and action for support in Case no. 36 in the RTC which were tried jointly but the decision was only for support and not for the separation of the properties. 3.) Jo elevated this to the CA which affirmed the decision of the RTC. The complaint for separation of properties was dismissed for lack of cause of action and that separation agreement was not covered by Art 178 of the Civil Code. Their motions for reconsiderations were dismissed and Joses petition for certiorari was dismissed for tardiness. Hence, the petition at bar only deals with the judicial separation of conjugal property. Page 695 4.) Jose said that case no 51 was impliedly dismissed and that Monina should have done something about it for rectification as soon as the RTC rendered judgement. SC said however that such technicality cannot be invoked since it cannot prevail over the considerations of substantive justice. 5.) Monina said that she felt that there was no need for her to appeal since the judgement was in her favour (page 696 for the decision) until the CA said that there was no dispositive portion regarding the case that led to its dismissal that she found necessary to come to the SC for relief. ISSUE: WON there has been abandonment and if there was, can she invoke art 128 of the family code. Abandonment as ground for separation of properties. HELD: Yes. There was abandonment by the fact that when she returned home, he refused to accept her and he failed to give financial support to his family. Hence, the wife can invoke Art 128 (provision on page 698) Note: CA thought that they have agreed to separate thats why it dismissed the case. But this was not the situation (page 697)