Canonizado vs. Benitez
G.R. Nos. L-49315 and L-60966, February 20, 1984
Subject: Obligations and Contracts
FACTS
After their separation,
the wife, Bernarda Canonizado, filed an action for support against her husband,
Cesar Canonizado, in 1956. The trial court granted the wife's claim for support
for their minor child but denied her claim for support for herself on the
ground that she was gainfully employed. The wife appealed the decision to the
Supreme Court, which reversed and remanded the case to the trial court for
reconsideration.
On remand, the trial
court modified its decision and granted the wife's claim for support for
herself in the amount of P100.00 per month. The husband appealed the decision
to the Court of Appeals, which affirmed the decision of the trial court. The
husband then filed a petition for certiorari with the Supreme Court, but the
petition was denied.
ISSUE
Whether or not the trial
court erred in granting the wife’s claim for support.
RULING
No. The Supreme Court
held that the trial court did not err in granting the wife's claim for support.
A wife is entitled to receive support from her husband even if she is gainfully
employed. The husband's duty to support his wife is not based on her need, but
on his ability to support her. The right of a wife to receive support from her
husband is not extinguished by the fact that she is gainfully employed.
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