Digest Author: Dodot

Bugayong v. Ginez (1956) Petition: Appeal from Order of Pangasinan CFI Plaintiff-Appellant: Benjamin Bugayong Defendant-Appellee: Leonila Ginez Ponente: J. Felix Date: 28 December 1956 Facts:

Same assumption, acts were condoned by Benjamin

Complaint failed to state a sufficient cause of action (for the court to render a valid judgment)

27 August 1949 Benjamin Bugayong (US Navy, on furlough leave) married Leonila Ginez, in Asingan, Pangasinan
couple lived with Benjamins sisters in Pangasinan o when Benjamin had to go back to duty, couple agreed that Leonila would live with Benjamins sisters in Sampaloc, Manila July 1951 (roughly 2 years later) Leonila left her sisterin-laws, told Benjamin that she went to live with her mother in Asingan o later moved to Dagupan City to study at a local college o

CFI ended up dismissing the case, on the ground that the acts of infidelity were indeed condoned by Benjamin (by sleeping with Leonila, supposedly after finding out that she had been unfaithful)

July 1951 (around the same time Leonila left Sampaloc) Benjamin began to receive letters from Valeriana Polangco (his sister-in-law) and others about his wifes alleged infidelity
During cross-examination, Benjamin admitted being told (through a letter) by his wife that Eliong had kissed her. o Benjamin asked for advice from the Navy chaplain on getting a legal separation (infidelity) was told to consult the Navys legal department August 1952 (a bit more than 1 year after receiving the letters) Benjamin went back to Asingan and met his wife o

Benjamin filed a motion for reconsideration, but was denied o He then filed an appeal to the CA, praying for a review of the lower courts decision, asserting that the lower court had erred in: Prematurely dismissing the case Finding condonation on Benjamins part Entertaining condonation as a ground for dismissal (inasmuch as the same was not raised in the answer or in a motion to dismiss) o Question of law, thus CA certified the case to the SC

SC focused on the dismissal based on the alleged condonation (the other two grounds for dismissal had not been raised by the petition in the assignment of errors)

Pertinent laws/provisions/concepts: Art 97 [Civil Code] 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; or (2) An attempt by one spouse against the life of the other. (n) Art 100 [Civil Code]

The couple went to Pedro Bugayongs, lived 2 nights and 1 day as husband and wife They then went to Benjamins house where they spent another night as husband and wife
nd

On the 2 night, Benjamin tried to verify the truth about the alleged infidelity Leonila responded by packing up and leaving (Benjamin took this as confirmation of the infidelity) o Benjamin then went to Bacarra, Ilocos Norte to soothe his wounded feelings 18 November 1952 Benjamin filed for legal separation (Pangasinan CFI), acts of rank infidelity amounting to adultery o Leonila denied the accusation 9 June 1953 hearing began

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. Where both spouses are offenders, a legal separation cannot be claimed by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition. (3a, Act No. 2710) Art 102 [Civil Code]

Benjamin testified in his favor, was to present 6 witnesses, but defense moved for the dismissal of the case:
Assuming the infidelity had occurred, cause of action had prescribed

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. (4a, Act 2710) Definition: condonation

The forgiveness of a marital offense constituting a ground of legal separation; conditional forgiveness or remission, by a husband or wife or a matrimonial offense which the latter has committed.

Digest Author: Dodot

Issues: 1. 2. Was adultery sufficiently established during the trial? (NO) Assuming Leonila had committed adultery, by sleeping with her, did Benjamin, in effect, condone the infidelity? (YES) (4) Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned; (5) Drug addiction or habitual alcoholism of the respondent; (6) Lesbianism or homosexuality of the respondent; Ruling/Ratio: 1. NO. Facts on record are not sufficient to establish the charge of adultery. o Only one testimony: by Benjamin himself o Letter from Valeriana Polangco too vague o Failed to present anonymous letters o Failed to present letter allegedly from Leonila o Identity of Eliong not established o Leonila did not have an opportunity to deny the alleged admission Insufficient evidence to prove/disprove charges due to dismissal of the case early on in the proceedings American jurisprudence: cohabitation w/ the guilty party after the commission of the offense, w/ the knowledge or belief on the part of the injured party of its commission will amount to conclusive evidence of condonation. A single, voluntary act of marital intercourse is sufficient to constitute condonation; where parties live in the same house presumption that they live on terms of matrimonial cohabitation (7) Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad; (8) Sexual infidelity or perversion; (9) Attempt by the respondent against the life of the petitioner; or (10) Abandonment of petitioner by respondent without justifiable cause for more than one year. *** Note that sexual infidelity or perversion is less stringent than adultery or concubinage one of only two grounds for legal separation in the Civil Code. *** Art. 56 [Grounds for denying legal separation]

2.

YES.

The petition for legal separation shall be denied on any of the following grounds: (1) Where the aggrieved party has condoned the offense or act complained of; (2) Where the aggrieved party has consented to the commission of the offense or act complained of; (3) Where there is connivance between the parties in the commission of the offense or act constituting the ground for legal separation; (4) Where both parties have given ground for legal separation;

Opinions: No separate opinions. (5) Where there is collusion between the parties to obtain decree of legal separation; or (6) Where the action is barred by prescription. (100a) Principles: Legal Separation Defense COUNTERPART PROVISIONS IN THE FAMILY CODE: Art. 55 [Grounds for legal separation] An action for legal separation shall be filed within five years from the time of the occurrence of the cause. (102) Art. 57 [Prescriptive period for cause of action]

Decision: Appealed order by the Trial Court affirmed. Costs against the appellant.

A petition for legal separation may be filed on any of the following grounds: (1) Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) Physical violence or moral pressure to compel the petitioner to change religious or political affiliation; (3) Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement;