Goitia v. Campos-Rueda, 35 Phil 252

FACTS: Luisa Goitia and Jose Campos Rueda were married on January 7, 1915 and had a residence in Manila.  They stayed together for a month before petitioner returned to her parent’s home allegedly because the respondent demanded her to perform unchaste and lascivious acts on his genital.  Since Goitia kept on refusing, respondent maltreated her by word and deed, inflicting injuries upon her lops, face and different body parts. Goitia filed a complaint against respondent for support outside the conjugal home.  The trial court ruled in favor of respondent and stated that Goitia could not compel her husband to support her except in the conjugal home unless it is by virtue of a judicial decree granting her separation or divorce from respondent.  Goitia filed motion for review.

ISSUE: Whether or not Goitia can compel her husband to support her outside the conjugal home.

HELD: The law will not permit the husband to evade or terminate his obligation to support his wife if the wife is driven away from the conjugal home because of his own wrongful acts.  In the case at bar, the wife was forced to leave the conjugal abode because of the lewd designs and physical assault of the husband. The SC ruled that she can claim support from the husband even outside the conjugal home.