G.R. No. 1806 : April 22, 1904
SERVILIANO LANZUELA SANTOS, petitioner, vs. JOHN C. SWEENEY, respondent.

FACTS:
Serviliano Lanzuela Santos filed a petition for a writ of prohibition against Judge John C. Sweeney of the Court of First Instance. The petitioner sought to challenge the judge’s order compelling him to pay monthly alimony of 100 pesos to Graciana Nemedes, 50 pesos each for the support of her two children, and 200 pesos as partial payment of attorney’s fees for the plaintiff’s counsel. This order was issued in connection with a pending divorce suit. The respondent, through his answer, contended that the allowance was justified under the legal grounds for alimony pendente lite, necessary for the support of the wife and children and to enable them to pursue their rights in the litigation.

ISSUE:
Whether the respondent judge exceeded his jurisdiction in ordering the petitioner to pay alimony and suit money during the pendency of the divorce suit.

RULING:
No, the respondent judge did not exceed his jurisdiction. The Supreme Court held that the order was expressly authorized under Article 68 of the Civil Code, which provides for the allowance of alimony for the wife and children upon the filing and admission of a complaint for divorce. The payment of attorney’s fees (suit money) was also deemed chargeable to the conjugal partnership. Consequently, the relief prayed for could not be granted. The petition was dismissed, the writ of prohibition was denied, and costs were adjudged against the petitioner.