SOMOSA-RAMOS vs. VAMENTA, JR.

G. R. No. L-34132
FACTS:
Petitioner, Lucy Somosa-Ramos, filed an action for legal separation against respondent,
Clemente Ramos based on the grounds of concubinage and an attempt by him against
her life. Petitioner likewise sought the issuance of a writ of preliminary mandatory
injunction to recover her paraphernal and exclusive property. The hearing on the motion
was opposed by respondent Ramos claiming that if the motion asking for preliminary
mandatory injunction were heard, it would hinder the possibility of reconciliation of the
spouses. Respondent Judge granted the motion of respondent Ramos to suspend the
hearing of the petition for a writ of preliminary mandatory injunction.

ISSUE:
Whether or not Article 103 of the Civil Code prohibiting the hearing of an action for legal
separation before the lapse of six months from the filing of the petition, would likewise
preclude the court from acting on a motion for preliminary mandatory injunction applied
for as an ancillary remedy to such suit.

RULING:
The court where an action for legal separation is pending according to Article 103 of the
Civil Code is to remain passive. It must let the parties alone in the meanwhile. It is
precluded from hearing the suit. There is then reasonableness for the view that an
ancillary motion such as preliminary mandatory injunction is not be acted on. If It were
otherwise, there would be a failure to abide by the literal language of such codal
provision. That the law, however, remains cognizant of the need in certain cases for
judicial power to assert itself is discernible from what is set forth in Article 104 of the
Code. Here there would appear to be a recognition that the question of management of
the spouses’ respective property need not be left unresolved even during such six-
month period. An administrator may even be appointed for the management of the
conjugal partnership. The absolute limitation from which the court suffers under Article
103 is thereby relieved. The parties may in the meanwhile be heard.