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Banez v Banez

January 23, 2002


Petitioner: Aida Banez
Respondent: Gabriel Banez

Facts
September 23, 1996 Cebu RTC made the following decisions:
1. The legal separation of Aida Banez and Gabriel Banez on the ground of husbands
sexual infidelity
2. The dissolution of their conjugal property relations and the division of the net conjugal
assets
3. The forfeiture of husbands one-half share in the net conjugal assets in favor of the
common children
4. The payment to wifes counsel of the sum of P100,000 as attorneys fees to be taken
from her share in the net assets
5. The surrender by husband of the use and possession of
a Mazda motor vehicle
smaller residential house located at Maria Luisa Estate Park Subdivision
Aida then filed an urgent ex-parte motion to modify the decision, specifically on the
payment attorneys fees, which was granted by the RTC.
Aida also filed a motion for moral and exemplary damages and litigation expenses, which
was denied by the court.
She filed another motion for execution pending appeal regarding the husbands expulsion
from the conjugal residential house and the surrender of the Mazda vehicle, which was
granted by the court.
Gabriel elevated the case to the CA.
CA set aside RTCs ruling on the execution of judgment pending appeal of the assets.
CA denied Aidas motions for reconsideration, which gave rise to the instant petitions.

Issues
(1) WON execution of judgment pending appeal was justified
(2) WON multiple appeals are allowed in an action for legal separation

Ruling
Petitions are denied for lack of merit
SC affirmed CAs decision

Ratio
(1) No.
Echaus vs. Court of Appeals
Execution pending appeal is allowed when superior circumstances demanding urgency
outweigh the damages that may result from the issuance of the writ.
In this case, court sees that there is no superior or urgent circumstance that outweighs the
damage which Gabriel would suffer if he were ordered to vacate the house.
Aida has two houses and lots and two motor vehicles in the United States where she is a
permanent resident.

(2) No.
Legal separation is not subject to multiple appeals.
The effects of legal separation, such as entitlement to live separately, dissolution and
liquidation of the absolute community or conjugal partnership, and custody of the minor
children, follow from the decree of legal separation.
They are not separate or distinct matters that may be resolved by the court, just mere
incidents of legal separation.

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