Diego De La Vina vs. Antonio Villareal 41 Phil 13 Summary

DIEGO DE LA VINA, petitioner, vs. ANTONIO VILLAREAL, as Auxiliary Judge of First Instance, and NARCISA GEOPANO, respondents.

G.R. No. 13982 | 1920-07-31

Legal separation, effect of pendency of the petition, cooling off period
Legal separation, partition of the conjugal property is prayed for, spouse may obtain a preliminary injunction against the husband, prohibiting the other spouse from alienating or encumbering any part of the conjugal property during the pendency of the ac
A married woman may acquire a residence or domicile separate from that of her husband, during the existence of the marriage, where the husband has given cause for divorce
Family Code; husband the sole administrator of the property of the conjugal partnership; right may be enjoined by preliminary injunction in an action between the spouses where partition of the conjugal property is prayed for

D E C I S I O N

JOHNSON, J .:

This is an original petition presented in the Supreme Court. Its purpose is to obtain an order declaring: (a) That the respondent, the Honorable Antonio Villareal, as Auxiliary Judge sitting in the Court of First Instance of the province of Iloilo, has no jurisdiction to take cognizance of a certain action for divorce instituted in said court by the respondent Narcisa Geopano against her husband, Diego de la Vina, the petitioner herein; (b) that the said respondent judge has exceeded his power and authority in issuing, in said action, a preliminary injunction against the said petitioner prohibiting him from...