Back

Rosita Veloso De Olayvar Vs. Aristoteles Olayvar 098 Phil 52

ROSITA VELOSO DE OLAYVAR, plaintiff-appellant, vs. ARISTOTELES OLAYVAR, defendant-appellee.

G.R. No. L-8088 | 1955-11-29

D E C I S I O N


BAUTISTA ANGELO, J.:

Plaintiff instituted this action in the Court of First Instance of Leyte praying that support be given her and her four children coupled with a petition for support pendente lite.

Defendant in his answer set up as special defense that in the Court of First Instance of Cebu there is a case for legal separation pending between the same parties on the ground of adultery wherein the right of plaintiff to demand support is incidentally involved (Civil Code No. R-3196). This separation case was instituted earlier than the present one.

In view of the pendency of the separation case in Cebu, the court...