Atilano vs.

Chua Ching Beng (1958)

Persons

Facts - Chua Ching Beng and Pilar Atilano were married on May 1950 in
Zamboanga City, after which they went to Manila and established their
residence with the husband’s parents. In October, the couple went to
Zamboanga to visit Pilar’s parents. The husband went back to Manila without
her, being assured that she would follow him—but she didn’t.
- Pilar filed a complaint for support against Chua Ching Beng, asking for
a monthly allowance of P200 and alleging that they have been estranged and
living separately since October 1950 (due to constant fights and his inability
to provide a home for them apart from his parents’).
- Chua stated that he was willing to fulfill his duty (Article 111, old CC)
to support his wife but only if she was in Manila with him, and that as the
husband, he had the right to fix the residence of the family. He was also
willing to establish a conjugal dwelling separate from his parents.
- Atilano filed a petition for alimony pendente lite, which was granted,
and Chua filed a petition electing to fulfill his obligation to support her by
receiving and maintaining Atilano at his residence in Pasay City, on the
condition that if she refused the set up, he would no longer be obliged to
support her. His petition was denied, thus this case.

Issue WON the wife is entitled to receive support from her husband when she
establishes a residence apart from him.

Held No.

Ratio - the husband has a duty to support his wife, and under Article 299 of
the Civil Code:
Article 299. The person obliged to give support may, at his option, fulfill his
obligation either by paying the allowance fixed, or by receiving and
maintaining in his house the person who has a right to receive support. The
latter alternative cannot be availed of in case there is a moral or legal
obstacle thereto.
- Under the said article, the husband has two ways of providing
support. In this case, Chua opts for the second alternative. The second option
may not be availed of only when there is a moral or legal obstacle to it. Her
allegations of marital troubles, incessant bickerings, and physical ill-treatment
may constitute moral or legal obstacles if duly proven; however, it was not
sufficiently proven in this case. What was found was that the root cause of all
their differences (and her subsequent move back to Zamboanga) may be traced
to disagreements with her in-laws, which is not in itself a moral or legal obstacle
to bar the husband from choosing the second option.
- In giving the husband the right to fix the conjugal residence, the
law does not prohibit him from establishing the residence at his parents’ home.
Consequently, although husband and wife are obliged to live together, observe
mutual respect and fidelity, and render mutual help and assistance (Art. 109),
the law does not compel the wife to live with her husband when even without
legal justification she establishes her residence apart from him, although in
doing so there is no reason for her to be given support.

Judgment Decision modified. Chua Ching Beng is given the option to support his
wife at their conjugal dwelling, and should she refuse to abide by the terms,
then Chua is considered relieved from his obligation to support her.