(4) Abella v.

COMELEC, 201 SCRA 335 Facts: 1) Private Respondent Adelina Larrazabal was proclaimed as the duly elected governor but was later on declared by the Commission on lections as dis!uali"ied #) $en%amin Abella &'(R( )o( 1**+1*), who obtained the second highest number o" votes "or the position o" governor but was not allowed by the C-. L C to be proclaimed as governor a"ter the dis!uali"ication o" Larrazabal/ or 0) Leopoldo ( Petilla, the vice1governor o" the province o"( Leyte( 1Petitioner $en%amin P( Abella was the o""icial candidate o" the Liberal Party "or provincial governor o" Leyte( Private respondent is the wi"e o" meterio 2( Larrazabal, &dis!uali"ied "or lac3 o" residence)( -n the day be"ore the election, she "iled her own certi"icate o" candidacy in substitution o" her husband( 1pending the protests, Larrazabal was proclaimed governor o" Leyte( 1C-. L C "ound that private respondent Larrazabal was neither a resident o" 4ananga, Leyte nor a registered voter thereat( 5ith these "indings, the C-. L C dis!uali"ied the petitioner as governor o" the province o" Leyte( 1conse!uently Petilla &vicegov) then too3 his oath as Leyte 'overnor and assumed o""ice( 6ssue: 1( 5hether or not Larrazaval was !uali"ied to run as governor( #( 5hether or not Comelec erred in not proclaiming Abella &second placer) as governor( 7eld: 1( )-(

1the C-. L C based its "inding that the petitioner lac3s the re!uired residence on the evidence o" record to the e""ect that despite protestations to the contrary made by the petitioner, she has established her residence at -rmoc City "rom 18+9 to the present and not at 4ananga, Leyte( 7er attempt to purportedly change her residence one year be"ore the election by registering at 4ananga, Leyte to !uali"y her to ran "or the position o" governor o" the province o" Leyte clearly shows that she considers hersel" already a resident o" -rmoc City( 6n the absence o" any evidence to prove otherwise, the reliance on the provisions o" the Family Code was proper and in consonance with human e:perience( ;he petitioner did not present evidence to show that she and her husband maintain separate residences, she at 4ananga, Leyte and her husband at -rmoc City( #( )o( ;he voters o" the province voted "or Larrazabal in the sincere belie" that she was a !uali"ied candidate "or the position o" governor( 7er votes were counted and she obtained the highest number o" votes( ;he net e""ect is that the petitioner lost in the election( 7e was repudiated by the electorate( 6n the Frivaldo and Labo cases, this is precisely the reason why the candidates who obtained the second highest number o" votes were not allowed to assume the positions vacated by Frivaldo the governorship o" <orsogon, and Labo, the position o" mayor in $aguio City( ;he nature o" the proceedings there"ore, is not that compelling(5 hat matters is that in the event a candidate "or an elected position who is voted "or and who obtains the highest number o" votes is dis!uali"ied "or not possessing the eligibility re!uirements at the time o" the election as provided by law, the candidate who obtains the second highest number o" votes "or the same position cannot assume the vacated position(

6ssue: 1( 5-) a married woman ever ac!uire a residence or domicle separate "rom that o" her husbandduring the e:istence o" marriageA#( 5-) the wi"e may obtain a preliminary in%unction against the husband restraining andprohibiting him "rom alienating or encumbering any part o" the con%ugal property during thependency o" the action Ruling: B <, when the husband has given enough reason "or her to do so as e:ample, cause o" divorce(1 ;he law will recognize a wi"e as having a separate e:istence, and separate interests, and separaterights, in those cases where the e:press ob%ect o" all proceedings is to show that the relation itsel" oughtto be dissolved1 ;he law ma3ing the domicile o" the husband that o" the wi"e is applicable only to their relations withthird parties, and has no application in cases o" actual separation and controversy between themselvesas to the temporary or permanent severance o" the marriage ties by %udicial proceedings (b) E$%e! i&', (C ") !ar. 2 Ar . "). ;he husband and wi"e shall "i: the "amily domicile( 6n case o" disagreement, the court shall decide( ;he court may e:empt one spouse "rom living with the other i" the latter should live abroad or there are other valid and compelling reasons "or the e:emption( 7owever, such e:emption shall not apply i" the same is not compatible with the solidarity o" the "amily( &11*a) C. *&i' +a'a,e+e' &- -a+il. li-e (C /1, )4 (la0 !ar.), 121 (la0 !ar.), 122, 14"

(5) De la Via v. Villareal, 41 Phil 13 a !!. 1"#21 Facts -n <eptember 1+, 181+, )arcisa 'eopano "iled a complaint in the Court o" First 6nstance o" the Provinceo" 6loilo against =iego de la 2i>a "or divorce, partition o" con%ugal property, and alimony pendente lite inthe sum o" P?**@month( <he alleged among others that since the year 1810 and up to the date o" thecomplaint, he de"endant had been committing acts o" adultery with one Ana Calog, sustaining illicitrelations with her and having her as his concubine, with public scandal and in disgrace o" the plainti""(;hat because o" said illicit relations, the de"endant e%ected the plainti"" "rom the con%ugal home, "orwhich reason she was obliged to live in the city o" 6loilo, where she had since established her habitualresidence( ;hat the plainti"", scorned by her husband, the de"endant, had no means o" support and wasliving only at the e:pense o" one o" her daughters(<ubse!uent to the "iling o" the said complaint, )arcisa 'eopano, the plainti"" therein, presented amotion alleging, among other things, that since the "iling o" her complaint she had personal 3nowledgethat the de"endant was trying to alienate or encumber the property which belonged to the con%ugalpartnership between the plainti"" and the de"endant, to the pre%udice o" the plainti"", and prayed that apreliminary in%unction be issued against the de"endant restraining and prohibiting him in the premises(CF6 granted preliminary in%unction but respondent appealed claiming that CF6 6loilo has no %urisdictionsince his wi"e should "ollow his domicile and that the %udge has e:ceeded his power in granting thepreliminary in%unction(

Ar . /1. ;he management o" the household shall be the right and the duty o" both spouses( ;he e:penses "or such management shall be paid in accordance with the provisions o" Article +*( Ar . )4. 1he ab0&l2 e %&++2'i . &- !r&!er . 0hall be liable -&r3 (1) 1he 02!!&r &- he 0!&20e0, heir %&++&' %hil4re', a'4 le,i i+a e %hil4re' &- ei her 0!&20e5 h&6ever, he 02!!&r &- ille,i i+a e %hil4re' 0hall be ,&ver'e4 b. he !r&vi0i&'0 &- hi0 C&4e &' S2!!&r 5 &#) All debts and obligations contracted during the marriage by the designated administrator1spouse "or the bene"it o" the community, or by both spouses, or by one spouse with the consent o" the other/ &0) =ebts and obligations contracted by either spouse without the consent o" the other to the e:tent that the "amily may have been bene"ited/ &?) All ta:es, liens, charges and e:penses, including ma%or or minor repairs, upon the community property/ &9) All ta:es and e:penses "or mere preservation made during marriage upon the separate property o" either spouse used by the "amily/ &C) :penses to enable either spouse to commence or complete a pro"essional or vocational course, or other activity "or sel"1improvement/ &+) Ante1nuptial debts o" either spouse inso"ar as they have redounded to the bene"it o" the "amily/ &D) ;he value o" what is donated or promised by both spouses in "avor o" their common legitimate children "or the e:clusive purpose o" commencing or completing a

pro"essional or vocational course or other activity "or sel"1 improvement/ &8) Ante1nuptial debts o" either spouse other than those "alling under paragraph &+) o" this Article, the support o" illegitimate children o" either spouse, and liabilities incurred by either spouse by reason o" a crime or a !uasi1delict, in case o" absence or insu""iciency o" the e:clusive property o" the debtor1spouse, the payment o" which shall be considered as advances to be deducted "rom the share o" the debtor1 spouse upon li!uidation o" the community/ and &1*) :penses o" litigation between the spouses unless the suit is "ound to be groundless( 7- he %&++2'i . !r&!er . i0 i'02--i%ie' & %&ver he -&re,&i', liabili ie0, e$%e! h&0e -alli', 2'4er !ara,ra!h ()), he 0!&20e0 0hall be 0&li4aril. liable -&r he 2'!ai4 bala'%e 6i h heir 0e!ara e !r&!er ie0. Art( 1#1( ;he con%ugal partnership shall be liable "or: &1) ;he support o" the spouse, their common children, and the legitimate children o" either spouse/ however, the support o" illegitimate children shall be governed by the provisions o" this Code on <upport/ &#) All debts and obligations contracted during the marriage by the designated administrator1spouse "or the bene"it o" the con%ugal partnership o" gains, or by both spouses or by one o" them with the consent o" the other/ &0) =ebts and obligations contracted by either spouse without the consent o" the other to the e:tent that the "amily may have bene"ited/ &?) All ta:es, liens, charges, and e:penses, including ma%or or minor repairs upon the con%ugal partnership property/

&9) All ta:es and e:penses "or mere preservation made during the marriage upon the separate property o" either spouse/ &C) :penses to enable either spouse to commence or complete a pro"essional, vocational, or other activity "or sel"1 improvement/ &+) Ante1nuptial debts o" either spouse inso"ar as they have redounded to the bene"it o" the "amily/ &D) ;he value o" what is donated or promised by both spouses in "avor o" their common legitimate children "or the e:clusive purpose o" commencing or completing a pro"essional or vocational course or other activity "or sel"1 improvement/ and &8) :penses o" litigation between the spouses unless the suit is "ound to groundless( 6" the con%ugal partnership is insu""icient to cover the "oregoing liabilities, the spouses shall be solidarily liable "or the unpaid balance with their separate properties( &1C1a)

the preceding Article have been covered, i" the spouse who is bound should have no e:clusive property or i" it should be insu""icient/ but at the time o" the li!uidation o" the partnership, such spouse shall be charged "or what has been paid "or the purpose above1mentioned( Art( 1?C( $oth spouses shall bear the "amily e:penses in proportion to their income, or, in case o" insu""iciency or de"ault thereo", to the current mar3et value o" their separate properties(chan robles virtual law library ;he liabilities o" the spouses to creditors "or "amily e:penses shall, however, be solidary( D. *&i' Obli,a i&' & S2!!&r (C /0, 1)4, )4 (1), )4 (la0 !ar.), 121, 122 (1), 14" Ar . /0. ;he local civil registrar concerned shall enter all applications "or marriage licenses "iled with him in a register boo3 strictly in the order in which the same shall be received( 7e shall enter in said register the names o" the applicants, the date on which the marriage license was issued, and such other data as may be necessary( &1Da) Ar . 1)4. <upport comprises everything indispensable "or sustenance, dwelling, clothing, medical attendance, education and transportation, in 3eeping with the "inancial capacity o" the "amily( ;he education o" the person entitled to be supported re"erred to in the preceding paragraph shall include his schooling or training "or some pro"ession, trade or vocation, even beyond the age o" ma%ority( ;ransportation shall include e:penses in going to and "rom school, or to and "rom place o" wor3( &#8*a) Ar . )4. 1he ab0&l2 e %&++2'i . &- !r&!er . 0hall be liable -&r3

Art( 1##( ;he payment o" personal debts contracted by the husband or the wi"e be"ore or during the marriage shall not be charged to the con%ugal properties partnership e:cept inso"ar as they redounded to the bene"it o" the "amily( )either shall the "ines and pecuniary indemnities imposed upon them be charged to the partnership( 7owever, the payment o" personal debts contracted by either spouse be"ore the marriage, that o" "ines and indemnities imposed upon them, as well as the support o" illegitimate children o" either spouse, may be en"orced against the partnership assets a"ter the responsibilities enumerated in

(1) 1he 02!!&r &- he 0!&20e0, heir %&++&' %hil4re', a'4 le,i i+a e %hil4re' &- ei her 0!&20e5 h&6ever, he 02!!&r &- ille,i i+a e %hil4re' 0hall be ,&ver'e4 b. he !r&vi0i&'0 &- hi0 C&4e &' S2!!&r 5 &#) All debts and obligations contracted during the marriage by the designated administrator1spouse "or the bene"it o" the community, or by both spouses, or by one spouse with the consent o" the other/ &0) =ebts and obligations contracted by either spouse without the consent o" the other to the e:tent that the "amily may have been bene"ited/ &?) All ta:es, liens, charges and e:penses, including ma%or or minor repairs, upon the community property/ &9) All ta:es and e:penses "or mere preservation made during marriage upon the separate property o" either spouse used by the "amily/ &C) :penses to enable either spouse to commence or complete a pro"essional or vocational course, or other activity "or sel"1improvement/ &+) Ante1nuptial debts o" either spouse inso"ar as they have redounded to the bene"it o" the "amily/ &D) ;he value o" what is donated or promised by both spouses in "avor o" their common legitimate children "or the e:clusive purpose o" commencing or completing a pro"essional or vocational course or other activity "or sel"1 improvement/ &8) Ante1nuptial debts o" either spouse other than those "alling under paragraph &+) o" this Article, the support o" illegitimate children o" either spouse, and liabilities incurred by either spouse by reason o" a crime or a !uasi1delict, in case o" absence or insu""iciency o" the e:clusive property o"

the debtor1spouse, the payment o" which shall be considered as advances to be deducted "rom the share o" the debtor1 spouse upon li!uidation o" the community/ and &1*) :penses o" litigation between the spouses unless the suit is "ound to be groundless( 7- he %&++2'i . !r&!er . i0 i'02--i%ie' & %&ver he -&re,&i', liabili ie0, e$%e! h&0e -alli', 2'4er !ara,ra!h ()), he 0!&20e0 0hall be 0&li4aril. liable -&r he 2'!ai4 bala'%e 6i h heir 0e!ara e !r&!er ie0. Art( 1#1( ;he con%ugal partnership shall be liable "or: &1) ;he support o" the spouse, their common children, and the legitimate children o" either spouse/ however, the support o" illegitimate children shall be governed by the provisions o" this Code on <upport/ &#) All debts and obligations contracted during the marriage by the designated administrator1spouse "or the bene"it o" the con%ugal partnership o" gains, or by both spouses or by one o" them with the consent o" the other/ &0) =ebts and obligations contracted by either spouse without the consent o" the other to the e:tent that the "amily may have bene"ited/ &?) All ta:es, liens, charges, and e:penses, including ma%or or minor repairs upon the con%ugal partnership property/ &9) All ta:es and e:penses "or mere preservation made during the marriage upon the separate property o" either spouse/ &C) :penses to enable either spouse to commence or complete a pro"essional, vocational, or other activity "or sel"1 improvement/

&+) Ante1nuptial debts o" either spouse inso"ar as they have redounded to the bene"it o" the "amily/ &D) ;he value o" what is donated or promised by both spouses in "avor o" their common legitimate children "or the e:clusive purpose o" commencing or completing a pro"essional or vocational course or other activity "or sel"1 improvement/ and &8) :penses o" litigation between the spouses unless the suit is "ound to groundless( 6" the con%ugal partnership is insu""icient to cover the "oregoing liabilities, the spouses shall be solidarily liable "or the unpaid balance with their separate properties( &1C1a)

de"ault thereo", to the current mar3et value o" their separate properties(chan robles virtual law library ;he liabilities o" the spouses to creditors "or "amily e:penses shall, however, be solidary( (") SSS v De l&0 Sa' &0, 8.R. 9&. 1"4/)0, A2,20 2), 200: Facts: Antonio de los <antos and respondent 'loria de los <antos, both Filipinos, were married on April #8,18C? in .anila( Less than one year a"ter, 'loria le"t Antonio and contracted another marriage with acertain =omingo ;alens in )ueva ci%a( <ometime in 18C8, 'loria went bac3 to Antonio and lived withhim until 18D0( ;hey had three children: Alain 2incent, Arlene, and Armine( 6n 18D0, 'loria le"t Antonio and went to the Enited <tates( Later on, she "iled "or divorce against Antonio in Cali"ornia and e:ecuted a document waiving all her rights to their con%ugal properties and other matters( ;he divorce was granted on )ovember 9, 18DC(6n 18D+, Antonio married Cirila de los <antos in Camalig, Albay( ;heir union produced one child, .ay1Ann )( de los <antos( -n the other hand, 'loria married Larry ;homas Constant, an American citizen,on Fuly 11, 18D+, in the E<( 6n 18D8, Antonio amended his records at <<< and changed his bene"iciaries "rom .rs( .argarita delos <antos to Cirila de los <antos/ "rom 'loria de los <antos to .ay1Ann de los <antos/ and "rom rlindade los <antos to Armine de los <antos( Antonio retired "rom his employment in 188C, and "rom then onbegan receiving monthly pension(Antoio died o" respiratory "ailure on .ay 19, 1888( Epon his death, Cirila applied "or and began receiving his <<< pension bene"it, beginning =ecember 1888( -n =ecember #1, 1888, 'loria "iled a claim "or AntonioGs death bene"its with the <<<( 7er claim was denied because she was not a !uali"ied bene"iciary o" Antonio(

Art( 1##( ;he payment o" personal debts contracted by the husband or the wi"e be"ore or during the marriage shall not be charged to the con%ugal properties partnership e:cept inso"ar as they redounded to the bene"it o" the "amily( )either shall the "ines and pecuniary indemnities imposed upon them be charged to the partnership( 7owever, the payment o" personal debts contracted by either spouse be"ore the marriage, that o" "ines and indemnities imposed upon them, as well as the support o" illegitimate children o" either spouse, may be en"orced against the partnership assets a"ter the responsibilities enumerated in the preceding Article have been covered, i" the spouse who is bound should have no e:clusive property or i" it should be insu""icient/ but at the time o" the li!uidation o" the partnership, such spouse shall be charged "or what has been paid "or the purpose above1mentioned( Art( 1?C( $oth spouses shall bear the "amily e:penses in proportion to their income, or, in case o" insu""iciency or

7002e3 5hether or not the respondent is still !uali"ied as a primary bene"iciary o" the deceased <<< member AntonioA ;el43 An estranged wi"e who was not dependent upon her deceased husband "or support is not !uali"ied to be his bene"iciary( As "ound by both the <<C and the CA, the divorce obtained by respondent against the deceased Antonio was not binding in this %urisdiction( Ender Philippine law, only aliens may obtain divorces abroad, provided they are valid according to their national law( ;he divorce was obtained by respondent 'loria while she was still a Filipino citizen and thus covered by the policy against absolute divorces( 6t did not sever her marriage ties with Antonio( 7owever, although respondent was the legal spouse o" the deceased, 5e "ind that she is still dis!uali"ied to be his primary bene"iciary under the << Law( <he "ails to "ul"ill the re!uirement o" dependency upon her deceased husband Antonio (/) Cal4er&' v0 R&$a0, 8.R. 9&. 1:55)5, *a'. 0), 2013 (AC1S Petitioner .a( Carminia C( Calderon and private respondent Fose Antonio F( Ro:as, were married on =ecember ?, 18D9 and had "our children( -n Fanuary 1C, 188D, petitioner "iled an Amended Complaint "or the declaration o" nullity o" their marriage on the ground o" psychological incapacity under Art( 0C o" the Family Code o" the Philippines( ;he trial court issued an -rder dated -ctober 11, #**# directing private respondent to give support in the amount o"

P?#,#8#(9* per month starting April 1, 1888 pursuant to the .ay 18, 188D -rder( -n February 11, #**0, private respondent "iled a .otion to Reduce <upport citing, among other grounds, that the P?#,#8#(9* monthly support "or the children as "i:ed by the court was even higher than his then P#*,D**(** monthly salary as city councilor( ;he trial court issued an -rder dated .arch +, #**9 granting the motion to reduce support and denying petitionerGs motion "or spousal support, increase o" the childrenGs monthly support pendente lite and support1in1 arrears( ;he trial court considered the "ollowing circumstances well1supported by documentary and testimonial evidence: &1) the spousesGeldest child, Fose Antonio, Fr( is a Sangguniang Kabataan Chairman and is already earning a monthly salary/ &#) all the children stay with private respondent on wee3ends in their house in Pasay City/ &0) private respondent has no source o" income e:cept his salary and bene"its as City Councilor/ &?) the voluminous documents consisting o" o""icial receipts in payment o" various billings including school tuition "ees, private tutorials and purchases o" childrenGs school supplies, personal chec3s issued by private respondent, as well as his own testimony in court, all o" which substantiated his claim that he is "ul"illing his obligation o" supporting his minor children during the pendency o" the action/ &9) there is no proo" presented by petitioner that she is not gain"ully employed, the spouses being both medical doctors/ &C) the unrebutted allegation o" private respondent that petitioner is already in the Enited <tates/ and &+) the alleged arrearages o" private respondent was not substantiated by petitioner with any evidence while private respondent had duly complied with his obligation as ordered by the court through his overpayments in other aspects such as the childrenGs school tuition "ees, real estate ta:es and other necessities

7SS<E 3 5hether the .arch +, #**9 and .ay ?,#**9 -rders on the matter o" support pendente lite are interlocutory or "inal( ;ELD 3 ;he word interlocutory re"ers to something intervening between the commencement and the end o" the suit which decides some point or matter but is not a "inal decision o" the whole controversy( An interlocutory order merely resolves incidental matters and leaves something more to be done to resolve the merits o" the case( 6n contrast, a %udgment or order is considered "inal i" the order disposes o" the action or proceeding completely, or terminates a particular stage o" the same action( Clearly, whether an order or resolution is "inal or interlocutory is not dependent on compliance or non1 compliance by a party to its directive, as what petitioner suggests( 6t is also important to emphasize the temporary or provisional nature o" the assailed orders( Provisional remedies are writs and processes available during the pendency o" the action which may be resorted to by a litigant to preserve and protect certain rights and interests therein pending rendition, and "or purposes o" the ultimate e""ects, o" a "inal %udgment in the case( ;hey are provisional because they constitute temporary measures availed o" during the pendency o" the action, and they are ancillary because they are mere incidents in and are dependent upon the result o" the main action( ;he sub%ect orders on the matter o" support pendente lite are but an incident to the main action "or declaration o" nullity o" marriage( Private respondentGs obligation to give monthly support in the amount "i:ed by the R;C in the assailed orders may be en"orced by the court itsel", as what transpired in the early

stage o" the proceedings when the court cited the private respondent in contempt o" court and ordered him arrested "or his re"usal@"ailure to comply with the order granting support pendente lite. A "ew years later, private respondent "iled a motion to reduce support while petitioner "iled her own motion to increase the same, and in addition sought spousal support and support in arrears( ;his "act underscores the provisional character o" the order granting support pendent lite. PetitionerGs theory that the assailed orders have ceased to be provisional due to the arrearages incurred by private respondent is there"ore untenable( Ender <ection 1, Rule ?1 o" the 188+ Revised Rules o" Civil Procedure, as amended, appeal "rom interlocutory orders is not allowed( <aid provision reads: < C;6-) 1( <ub%ect o" appeal( 1 An appeal may be ta3en "rom a %udgment or "inal order that completely disposes o" the case, or o" a particular matter therein when declared by these Rules to be appealable( )o appeal may be ta3en "rom: &a) An order denying a motion "or new trial or reconsideration/ &b) An order denying a petition "or relie" or any similar motion see3ing relie" "rom %udgment &c) An interlocutory order/ &d) An order disallowing or dismissing an appeal/ &e) An order denying a motion to set aside a %udgment by consent, con"ession ot compromise on the ground o" "raud, mista3e or duress, or any other ground vitiating consent/ &") An order o" e:ecution/ &g) A %udgment or "inal order "or or against one or more o" several parties or in separate claims, counterclaims, cross1 claims and third1party complaints, while the main case is pending, unless the court allows an appeal there"rom/ and

&h) An order dismissing an action without pre%udice/ 6n all the above instances where the %udgment or "inal order is not appealable, the aggrieved party may "ile an appropriate special civil action under Rule ;he remedy against an interlocutory order not sub%ect o" an appeal is an appropriate special civil action under Rule C9 provided that the interlocutory order is rendered without or in e:cess o" %urisdiction or with grave abuse o" discretion( 7aving chosen the wrong remedy in !uestioning the sub%ect interlocutory orders o"the R;C, petitionerHs appeal was correctly dismissed by the CA( 57 R F-R , the petition "or review on certiorari is = )6 =, "or lac3 o" merit( ;he =ecision dated <eptember 8, #**D and Resolution dated =ecember 19, #**D o" the Court o" Appeals in CA1'(R( C2 )o( D90D? are AFF6R. =