Barnuevo(wife-plaintiff) v Fuster(husband-defendant)

G.R. No. L-7487

December 29, 1913
SUMMARY:
1. February 7, 1875 Gabriel Fuster <3 Constanza Yaez in the City of
Malaga, Spain
2. February, 1892 Defendant came to the Philippine Islands and
acquired real and personal property
3. Mid-1896 Plaintiff came to Manila, where her husband, Defendant
was residing, and lived with him under conjugal relations until the
month of April, 1899
4. April 4, 1899 agreement between Plaintiff and Defendant by public
document in which they resolved to separate and live apart, Plaintiff
then moved to Spain with the consent of the Defendant by virtue. In
the said document, Defendant undertook to send his wife a sum of 300
pesetas per month for her support, payable in Madrid, Spain starting
the month of June 1899.
5. Up until August 1899 Plaintiff ceased to make further payments
6. March 1909 Plaintiff returned to the Philippines
7. March 11, 1909 Plaintiff commenced divorce proceedings against her
husband/the defendant due to adultery committed by him in or about
the year of 1899 with a certain woman that she named in the
complaint and he had lived and cohabited and by whom he had two
children. Plaintiff prayed that the decree of divorce be granted to her
and that there must be a separation of properties, thereof be
adjudicated to her after determination of their conjugal properties. As
well as pension owing for her support but not paid, defendant must pay
the sum of 36,000 Spanish pesetas/7,220 Spanish dollars = PHP12,
959.90.
8. Defendant denied that he and his wife, Plaintiff are residents of Manila,
as they had their domicile in Barcelona, Spain and claim that they are
both natives of Spain. Defendant also admits to April 4 th 1899
document/agreement. In which he also admitted to undertake the
allowance for his wife, the plaintiff. However, has denied the other
allegations.
9. May 1900 Defendant said that he sent a letter to the Plaintiff to
return to Manila and to continue to live with him and that letter was
ignored by the Plaintiff and also admits that they had 2 children that
have died.
10.
1901 Plaintiff continued to live separately from Defendant and
that he did not know where the Plaintiff has been living
FACTS:
1. Gabriel Fuster and Constanza Yaez were married in Spain in 1875

2. 1899 made an agreement in public document that they will resolve to

living separate lives
3. 1909 Yaez commenced divorce proceedings v Fuster for adultery
and praying for (1) decree of divorce, (2) conjugal society liquidated,
(3) share adjudicated to her, and (4) payment of support. *Note that all
property that they have are in the Philippines thus, all conjugal are
located in the Philippines
4. Constanza suspension of life in common between plaintiff and
defendant, payment of support, and division of communal property.
ISSUE:
1. WON Philippine courts are competent to decree the divorce?
2. WON property should be shared to Constanza?
HELD:
1. Yes authority if jurisdictional power of courts to decree a divorce is
not compromised within the personal stats of the husband and wife.
- Statutes and rights which belong to everyone, does not go beyond the
sphere of private law
2. All persons have to demand justice in a court which would have
coercive means to enforce any decision they may render
3. Justice should be administered without taking into any account the
state which the litigants belong
4. CFI had power and jurisdiction to try actions for divorce