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GARCIA V.

SANTIAGO FACTS: Plaintiff Cipriana Garcia filed to appeal a judgment of the Court of First Instance of Nueva Ecija dismissing her previous complaint, which claimed that she was married to defendant Isabelo Santiago and they cohabited until disagreements made her leave their conjugal dwelling on Feb 3, 1925 One of their disagreements involved Alejo Santiago (Isabelos son by his first wife) and Prisca Aurelio (Ciprianas daughter by her first husband). Cipriana alleged that Alejo Santiago seduced Prisca, and as a result, she gave birth to a child. Instead of making Alejo marry Prisca, he refused to intervene in any way. Another of Ciprianas complaints is that Isabelo has been transfering property belonging to the conjugal property to Alejothus depriving Cipriana of financial gain from lands producing around 4,500 cavanes of palay at P4 per cavan annually. All these issues made Cipriana and Isabelo quarrel, and to avoid physical violence, they separated. Subsequently Isabelo refused to provide support to Cipriana, but she also refuses to return to their conjugal dwelling because of their childrens inappropriate relationship. Taking into consideration the conditions of conjugal partnership, Cipriana is entitled to a monthly pension of P500 pendente lite. Additionally, Cipriana previously petitioned that the court should restrain defendant from transferring any of their conjugal property, and that she should be the one administring over their propertyher reason being that Isabelo has publicly maintained illicit relations with Geronima Yap, making him unfit to administer the property of the conjugal partnership, ISSUES/HELD: The court resolved the following matters of her complaint in this manner: - WoN court erred in declaring her separation from Isabelo Santiago unjustified: -court erred as they had frequent argumentshe even ordered her to leave and threatened to hurt her if she came back ; additionally, the situation between their children was not acceptable to her. Separation was justified. -WoN the court should grant Cipriana the P500/month maintenance sum - The court ruled that P500 is too excessive, but granted that she is entitled to a P50/month allowance for support, - WoN the court erred in dissolving the preliminary injunction and refusing to set aside the transfer of title made by Isabelo in favor of Alejo, as well as not granting Cipriana power to administer the conjugal property. -No. The land in question was acquired by Isabelo prior to the marriage, and there is no compelling reason to deprive him fair use of such property.

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