People v. Sensano and Ramos
G.R. No. 37720
March 7, 1933
Facts:
Ursula Sensano and Mariano Ventura were married in 1919. Shortly after the birth of their child, Mariano went to the Province of Cagayan and remained there for three years. During his three-year stay, he did not write to his wife nor did he give support to her and the child. Ursula was poor and illiterate and had no relatives upon whom she could call. Then Marcelo Ramos took her and the child to live with him.
When Mariano returned in 1924, he filed a case against Ursula and Marcelo for adultery. They were sentenced to four months and 1 day. After completing the service of the sentence, Ursula asked for forgiveness from Mariano, to which the latter replied that she can do whatever she wants and that he wants nothing to do with her. Mariano then left for Hawaii where he stayed for seven years.
He knew that his wife had lived again with Marcelo. Upon his return to the Philippines, he again filed a case for adultery. The court of first instance sentenced Ursula and Marcelo to 3 years, 6 months, and 21 days in prison. They contended that the court of first instance erred in not considering that Mariano had already consented to the adultery.
The Solicitor General contended that Mariano’s absence from the Philippines made it impossible for him to take any action.
Issue:
Had Mariano consented to his wife’s adulterous acts?
Ruling:
Yes. The fact that he told his wife that he had nothing to do with her and that she can do whatever she wants is considered as consent for the adultery. He did not interfere with his wife’s relations for seven years despite knowing that the latter was staying again with her lover.
The Solicitor General’s contention has no merit. He could still have taken actions despite his absence from the country had he wanted to.
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