Juan Sumulong v. Concepcion Cembrano

Summary

This Supreme Court case affirmed a wife's right to receive support from conjugal partnership funds even while living separately from her husband, provided the marriage and conjugal partnership regime subsist. Dr. Trinidad H. Pardo de Tavera married Concepcion Cembrano in 1884. When she later lived apart from the conjugal dwelling, he continued providing monthly support, initially from her paraphernal property, then from conjugal funds. After his death in 1925, the administrator challenged her support claims during liquidation. The Supreme Court held that Article 1408 of the Civil Code makes family support the most sacred obligation of conjugal partnership, and mere separation without proven fault doesn't extinguish this right. The Court affirmed the P800 monthly allowance from 1913-1925 but modified the decision regarding the three children's collation requirement, finding their advances came from the deceased's private funds rather than conjugal partnership property.