121. (Digest) Wainright v Versoza

Wainright v. Versoza G.R. No. L-25609 November 27, 1968 Sanchez Recto Margaret Ann Wainright Versoza, Jose Ma. Versoza Jr., Charles John Versoza and Virginia petitioners Felice Versoza responden Jose Ma. Versoza

ts summary Wife and 3 minor children filed for P1,500 monthly support, support in arrears, damages and custody of children with petition for support pendente lite against the husband. Husband claims that there was no earnest effort to compromise, which must be included in the complaint. GR: attempt to compromise and its failure need to be alleged in the complaint E: Support cases Since the present action also revolves on the right to future support and because compromise on future support is prescribed, then that an attempt at compromise of future support and failure thereof is not a condition precedent to the filing of the present suit. It need not be alleged in the complaint. Although the complaint herein seeks custody of minor children and damages as well, the prime object is support.

facts of the case

Margaret Ann (wife) and their 3 minor children filed a complaint for P1,500 monthly support, support in arrears, damages and custody of children with petition for support pendente lite against Jose Ma. Versoza (husband). The husband abandoned the family without providing for their support and maintains illicit relations with another woman. The husband claims that the complaint is premature and/or it states no cause of action because the complaint involves members of the same family and does not allege earnest efforts toward a compromise. He argued that compliance with Article 222 CC 1 was a condition precedent and should have been alleged in the complaint. Lower court dismissed the complaint without prejudice on ground that there was no showing that efforts have been exerted to settle the case amicably before suit started. 2 MRs were denied.

issue

Whether or not the Civil Code requirement of attempt to reach a compromise and of its failure need to be alleged in the complaint. General Rule: YES, Exception: In support cases (Stated differently: Whether or not the requirement of attempt to reach a compromise and its failure to be alleged in the complaint applies to support cases. NO.)

ratio

The requirement in Article 222 has been given more teeth by Section 1(j), Rule 16 of the Rules of Court, which states as ground for a motion to dismiss that "(t)he suit is between members of the same family and no earnest efforts towards a compromise have been made." In Article 222, "(n)o suit shall be filed or maintained" simply means that the attempt to compromise and inability to arrive thereat is a condition precedent to the filing of the suit. As such it is a part of plaintiffs' cause of action.

1 Article 222. No suit shall be filed or maintained between members of the same family unless it should appear that earnest efforts toward a compromise have been made, but that the same have failed, subject to the limitations in article 2035. 1

Justice J.B.L. Reyes and Judge Puno bolstered this view with their statement that "(t)he terms of article 222 require express allegation of an attempt to compromise and its failure; otherwise there is no cause of action stated." An exception to the general rule is support. Support is everything that is indispensable for sustenance. The right to support cannot be: (1) renounced; (2) transmitted to third persons; nor (3) compensated with what the recipient owes the obligor. Compensation may not even be set up against a creditor who has a claim for support due by gratuitous title. Support in arrears however, may be compensated, renounced and transmitted by onerous or gratuitous title. In Coral v Gallego, the right to support is not susceptible of future transactions under Art. 1814 OCC, which is reproduced in Art. 2035 NCC 2 Art. 2035 has deeper roots than Art. 222 because Art. 222 is only inserted as a new concept in the NCC. For, even as Article 222 requires earnest efforts at a compromise and inability to reach one as a condition precedent to the filing and maintenance of a suit "between the members of the same family", that same article took good care to add: "subject to the limitations in article 2035." In this case, plaintiffs ask for support past, present and future, and for alimony pendent lite. Since the present action also revolves on the right to future support and because compromise on future support is prescribed, then that an attempt at compromise of future support and failure thereof is not a condition precedent to the filing of the present suit. It need not be alleged in the complaint. Although the complaint herein seeks custody of minor children and damages as well, the prime object is support. Mendoza v CA applies. In that case, the wife filed in the Court of First Instance of Nueva Ecija an action for support against her husband who was then employed in a hospital in the United States. Defendant moved to dismiss, for the reason that the complaint failed to state a cause of action because it contained no allegation that earnest efforts toward a compromise have been made before the filing of the suit. Since no valid compromise is possible on the issue of future support, a showing of previous efforts to compromise them would be superfluous. The lower court should have allowed amendment of the complaint in order to complete the cause of action.

2 Article (2) (3) (4) (5) (6)

2035. No compromise upon the following questions shall be valid:(1)The civil status of persons; The validity of a marriage or a legal separation; Any ground for legal separation; Future support; The jurisdiction of courts; Future legitime.

2