G.R. No. L-13291, November 20, 1917
AGUSTIN MERCADO, petitioner, vs. JAMES A. OSTRAND, judge of first instance of Manila, and VALENTINA RUIZ, respondents.

FACTS:
Petitioner Agustin Mercado and respondent Valentina Ruiz are husband and wife. Valentina Ruiz filed an action against Agustin Mercado in the Court of First Instance of Manila for support and maintenance. During the pendency of that action, the presiding judge, Hon. James A. Ostrand, rendered a judgment ordering Mercado to pay his wife the sum of P100 to cover judicial costs and attorney’s fees. Mercado filed the present petition for certiorari, challenging the jurisdiction of the Court of First Instance to award such amounts in an action for support.

ISSUE:
Whether a judge of the Court of First Instance has jurisdiction, in an action by a wife against her husband for support and maintenance, to render a judgment requiring the husband to pay a reasonable sum to cover costs and attorney’s fees.

RULING:
The Supreme Court denied the petition. It held that the husband is under a legal obligation to support his wife. When the wife is compelled to resort to the courts to enforce this obligation, it is reasonable and within the sound discretion of the court to require the husband to pay the necessary expenses incurred by the wife, including judicial costs and a reasonable amount for attorney’s fees. The Court found no showing that the lower court exceeded its jurisdiction or abused its discretion. The award of P100 for costs and attorney’s fees was deemed a necessary consequence of the litigation to enforce the wife’s legal rights. The Court cited the analogous case of Lanzuela Santos vs. Sweeney (4 Phil. Rep., 79) in support of its ruling.

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