No. L-6505. August 23, 1954
MAIN TOPIC – Rule 34
FACTS
Asuncion Roque, due to alleged infidelity of Francisco Reyes, prays for (a) legal separation, (b) legal custody of the children, (c) liquidation of the conjugal property, and (d) alimony and support for the children. Reyes denied all the allegations and presented a counterclaim alleging that Asuncion was already a married woman when they contracted the marriage and has been squandering money from him. He also filed a motion for summary judgment and submitted the deposition of former husband of the Asuncion in support of the action. Asuncion filed an opposition on the ground that an action for annulment cannot be a ground for summary judgment.