PEREZ v PEREZ (1960), 109 Phil 657

Saturday, August 7, 2010


FACTS:

         Antonio Perez, as guardian ad litem of his son, filed a civil case against defendant Angela Tuason de Perez at the CFI Manila.
         He wants to declare his wife as prodigal and place under guardianship based on the following allegations:
o    she was squandering her estate on a young man named Jose Boloix
o    she was spending the conjugal partnership of gain
o    defendant has expressed her desire to marry and have children with Jose Boloix, if only to embarrass her husband.

     CFI dismissed the case for lack of jurisdiction.


ISSUE:
      WON the case falls under the jurisdiction of the CFI or the Juvenile Domestic Relations Court.


HELD:
      RTC has no jurisdiction. It is the Juvenile and Domestic Relation Court which has jurisdiction. Material injury pertains to personal injury (personal relations between man and wife) and not patrimonial or financial.


Karichi Santos  UP Law B2012

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