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Issue:
Held:
Facts: Facts:
Plaintiffs are the wife and child of defendant who Petitioner Celia Ilustre-Reyes filed a petition for legal
refused and continues to refuse to support the separation on the ground that her husband Manuel
plaintiff for the reason that he has no means of Reyes attempted to kill her for several times. She
subsistence despite being a recipient of a monthly then asked for support pendent lite for her and their
pension from the US Army and has left them without three children. Manuel Reyes opposed the petition
any justifiable cause and now refuses to allow them for support pendente lite on the ground that his wife
to live with him. The defendant contends that it was commited adultery with her physician. The trial
the plaintiff who left the conjugal dwelling as the court granted the prayer for alimony pendente lite
latter committed adultery with a Macario Sanchez of the petitioner and ordered J.C Reyes to give
and with whom she had an illicit affair and bore a support in the amount of P5,000 a month. He filed a
child who is the other plaintiff in this case. The motion for reconsideration reiterating the
plaintiff asks the court to compel the defendant to entitlement of the wife to support as well as that the
give them allowance by way of support pendent lite award of support was excessive. The trial court judge
the amount of P50 a month. The court ruled in favor then reduced the amount from 5,000 to 4,400 a
of the plaintiff and ordered defendant to pay month. Manuel J. C. Reyes filed a petition for
support pendent lite in the amount of P50 a month. certiorari in the Court of Appeals dated July 25, 1977
The defendant filed a petition for prohibition againt asking that the order granting support pendente
the judge in the CFI in the court of appeals which lite to private respondent. Celia Ilustre-Reyes, be
denied said petition hence defendant appeal to this annulled on the ground that the respondent Judge,
court. Leonor Ines-Luciano, had committed a grave abuse
of discretion or that said order be modified
Issue: inasmuch as the amount awarded as
support pendente lite is excessive. The Court of
Whether or not the plaintiffs are entitled to support appeals dismissed the petition.
Held: Issue:
No the plaintiffs are not entitled to support. Whether or not the petitioner is entitled to support
Adultery on the part of the wife is a valid defense Held:
against an action for support (Quintana vs. Lerma, 24
Phil., 285). Consequently, as to the child, it is also a It is true that the adultery of the wife is a defense in
defense that it is the fruit of such adulterous an action for support however, the alleged adultery
relations, for in that case, it would not be the child of of wife must be established by competent evidence.
the defendant and, hence, would not be entitled to The allegation that the wife has committed adultery
support as such. But as this defense should be will not bar her from the right receive
established, and not merely alleged, it would be support pendente lite. Adultery is a good defense
unavailing if proof thereof is not permitted. and if properly proved and sustained wig defeat the
action.
Held: