Sabalones v.

CA 230 SCRA 79
PONENTE: CRUZ, J.
NATURE: Preliminary injunction issued by the respondent court pending resolution of a case on appeal
FACTS:
Samson- Remedios married
Samson Sabalones - member of diplomatic service left to his wife remedios Sabalones the
administration of some of their conjugal properties for 15 years
Oct 5, 1981 Samson-Thelma
1985 retired as ambassador but didnt go back to wife and kids
1989 4 years later, Sabalones filed an action for judicial authorization to sell conjugal property
(Building lot in Grenhills, San Juan) claiming that:
He is very sick and living alone without income
He was 68 yrs old
His share of the proceeds of the sale to defray the prohibitive cost of his hospitalization and
medical treatment.
In her answer, wife opposed the authorization and filed a counterclaim for legal separation. She
alleged that:
The house in Greenhills was occupied by her and their 6 kids, and that they were depending.
So they were depending for their support on the rentals from another conjugal property
(Building and lot in Forbes Park).
She also informed the Court that despite her husbands retirement, he had not return to his
legitimate family and was instead maintaining a separate residence with another woman and
3 kids.
Prayer of Remedios asked to grant legal separation and liquidation of property with forfeiture of his
husbands share because of adultery.
RTC RULING: Petitioner had indeed contracted a bigamous marriage. Court thus decreed the
legal separation and forfeiture of Sabaloness share in the conjugal properties, declaring as well that
he was not entitled to support from his wife.
CA RULING: (Remedios filed the motion for the issuance of writ of preliminary injuction to enjoin
the petitioner from interfering with the administration of their properties). She alleged that:
He harassed the tenant in Forbes Park that his lease would not be renewed
Appealed in CA was granted.
Petitioner now assails the decision, arguing that:
Since the law provides joint administration of conjugal properties, no injunctive relief can be
issued against one spouse because no right will be violated. He also cited Art. 124 and 61 of
FC.
ISSUE: WON CA can issue a writ of preliminary injunction against husband on part of his conjugal property?
HELD: YES
Purpose of preliminary injunction: preserve the status quo of the things subject of the action or the
relations between the parties and thus protect the rights of the plaintiff respecting these matters during
the pendency of the suit.
Requirements: (1) existence of a right (2) actual or threatened violation.
Art 61 of FC which provides for an administrator of conjugal assets was already made when TC
denied petitioner any share on conjugal relations and CA gave respondent the preliminary injunction
Allegations: harassing tenant of Forbes park, having other properties, issuing quit claim on US
conjugal party and all of which was not contested by petitioner thus just gives more reason to grant
preliminary injunction.
RESULT: prelim injunction is granted however this does not permanently make the respondent the
administrator of the whole mass of conjugal assets.
SC agrees with the CA that the pending appointment of an administrator over the whole mass of
conjugal assets, the Respondent Court was justified in allowing the wife to continue with her
administration. It was also correct, taking into account the evidence adduced in the hearing, in
enjoining the petitioner from interfering with his wifes administration pending resolution of the appeal.