Bugayong v. Ginez
G.R. No. L-10033
December 28, 1956
Facts:
Benjamin Bugayong is married to Leonila Ginez. Since Benjamin is a serviceman at the US Navy, they agreed that Leonila would stay with her husband’s sisters. However, in 1951, Leonila informed her husband that she would be living with her mother in Asingan, Pangasinan.
As early as July 1951, Banjamin received letters from his sister-in-law and from anonymous writers that his wife committed acts of infidelity. In a letter, Leonila admitted that a certain “Eliong” had kissed her. In August 1952, Banjamin went back to Pangasinan to look for his wife. After finding her in her godmother’s house, she convinced her to stay with him in his cousin’s house. They lived there for 2 nights and 1 day as husband and wife. Then they went to Benajmin’s house and again lived there for a night as husband and wife. During the hearing, Bejamin admitted that they slept together during those times. However, when he proceeded to confront his wife about her alleged infidelity, the latter merely packed up and left.
On November 18, 1952, Benjamin Bugayong filed a complaint for legal separation which the trial court dismissed for the sole reason of condonation on the part of the husband.
Issue:
Does the fact that the husband slept with his wife after knowing of her alleged act of infidelity amount to condonation?
Ruling:
Yes. The controlling law of the case is the Civil Code, particularly Articles 97, 100, and 102 thereof, which provide
Article 97. A petition for legal separation may be filed
(1) For adultery on the part of the wife and for concubinage on the part of the husband as defined in the Penal Code
Article 100. The legal separation may be claimed only by the innocent spouse provided there has been no condonation of or consent to the adultery or concubinage.
Article 102. An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred.
Condonation is the forgiveness of a marital offense constituting a ground for legal separation. The Supreme Court decided that the facts appearing on the record are far from sufficient to establish that Leonila committed adultery. But even assuming arguendo that she did, the act of Banjamin’s sleeping with her amounts to condonation.
The court cited US cases wherein a single voluntary act of sexual intercourse by the innocent spouse after discovery of the offense is ordinarily sufficient to constitute condonation.
The decision of the trial court is affirmed.
It's a Ping Thing 