Arroyo vs Arroyo

GR L-17014, August 11, 1921

Street, J.:

Facts:

Mariano B. Arroyo and Dolores C. Velasquez de Arroyo were married in the year 1910, they
cohabited with each other until the year July 4, 1920; when Dolores went away from their common
home with the intention living separately from Mariano; efforts were made by Mariano to convince
Dolores to resume marital obligations, and to return home and live with him once more.

Dolores in her defense alleges that she was compelled to leave due cruel treatment by Mariano;
she prayed for a decree of separation, liquidation of their conjugal partnership, and an allowance for
counsel fees and permanent separation maintenance; the court rendered a judgement in favor of
Dolores.

Mariano filed petition for appeal.

Issues:

1. (CIVIL) Whether or not Dolores has established sufficient proof and cause to her leaving the conjugal
home, and to live separately away from her husband?

Ruling:

1. No. After careful examination of proof, the court has found that the wife is afflicted with a disposition
of jealousy towards Mariano in an aggravated degree; Dolores has presented herself without sufficient
cause and that it is her duty to return.

Disposition:

In the court’s decision dated August 11, 1921 reverses the judgement, and declares Dolores Vasquez De
Arroyo absent from her marital home without sufficient cause, and is admonished to return; no costs
against the either of them.