- Petitioner
- Jose
- Respondent
- Ramirez
- Citation
- G.R. No. 26062
- Court
- Supreme Court En Banc
- Division
- En Banc
- Ponente
- Malcolm, J.
- Decided
- December 31, 1926
Summary
Jose V. Ramirez and his wife sued J.R. Redfern to recover £600, £185, and P875 they advanced to Redfern's wife for support while she was in England and after returning to Manila. The Supreme Court affirmed the trial court's dismissal, applying Article 1894 of the Civil Code which allows recovery of support given to another's dependent only when the obligor fails to provide adequate support. The Court found that Redfern was already providing ample support to his wife from 1910-1922, and that she never complained or requested additional funds from his English agent. The case establishes that before advancing support to another's dependent with expectation of recovery, the primary obligor must first be given opportunity to provide necessary assistance.