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Somosa-Ramos vs. Hon. Vamenta, Jr. 46 SCRA 110

LUCY SOMOSA-RAMOS, petitioner, vs. THE HONORABLE CIPRIANO VAMENTA, JR., Presiding Judge of the Court of First Instance of Negros Oriental and CLEMENTE G. RAMOS, respondents.

G.R. No. L-34132 | 1972-07-29

D E C I S I O N

FERNANDO, J:

The question raised in this petition for certiorari is 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 a suit. Respondent Cipriano Vamenta, Jr., of the Court of First Instance of Negros Oriental, answered the question in the affirmative, in view of the absolute tenor of such Civil Code provision, which reads thus: "An action for legal separation shall in no...