VIRGILIO MAQUILAN vs.

DITA MAQUILAN
G.R. No. 155409 June 8, 2007
Justice Austri-Martinez
FACTS:
Herein petitioner and herein private respondent are spouses who once had a blissful married
life and out of which were blessed to have a son. However, their once sugar coated romance turned
bitter when petitioner discovered that private respondent was having illicit sexual affair with her
paramour, which thus, prompted the petitioner to file a case of adultery against private respondent
and the latter's paramour. Consequently, both accused were convicted of the crime charged.
Thereafter, private respondent, through counsel, filed a Petition for eclaration of !ullity of
"arriage, issolution and #iquidation of Con$ugal Partnership of %ains and amages imputing
psychological incapacity on the part of the petitioner. uring the pre&trial of the said case, petitioner
and private respondent entered into a C'"P('")*+ ,%(++"+!T.
*ubsequently, petitioner filed a motion for the repudiation of the ,%(++"+!T. This motion
was denied. Petitioner then filed a Petition for Certiorari and Prohibition with the Court of ,ppeals
on the ground that the conviction of the respondent of the crime of adultery disqualify her from
sharing in the con$ugal property. The Petition was dismissed.
ISSUE:
)s the conviction of the respondent of the crime of adultery a disqualification for her to share
in the con$ugal property-
HELD:
No. The conviction of adultery does not carry the accessory of civil interdiction. ,rticle ./ of
the (evised Penal Code provides for the consequences of civil interdiction0
,rt. ./. Civil )nterdiction. 1 Civil interdiction shall deprive the offender during the time
of his sentence of the rights of parental authority, or guardianship, either as to the person or
property of any ward, of marital authority, of the right to manage his property and of the
right to dispose of such property by any act or any conveyance inter vivos.
2nder ,rticle ... of the same Code, the penalty for adultery is prision correccional in its
medium and maximum periods. ,rticle ... should be read with ,rticle /. of the same Code. The
latter provides0

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