G.R. No. L-10033, 28 December 1956
Petitioner, a US Navy serviceman, began receiving letters informing him of the alleged acts of infidelity of his wife, the respondent. He admitted that respondent even informed him by letter that a certain Eliong kissed her.
Petitioner, then, sought for his wife and when the two met, they both proceeded to a certain house where they stayed and lived for 2 nights and 1 day. Then they repaired to the petitioner’s house and again passed the night therein as husband and wife. On the following day, petitioner tried to verify from his wife the truth of the information he received that she had committed adultery. But respondent, instead of answering the query, merely packed up and left, which the petitioner took as confirmation of the acts of infidelity imputed on his wife. Petitioner went to Ilocos “to soothe his wounded feelings.”
Petitioner, then, filed for legal separation against his wife, who in turn filed a motion to dismiss on ground of condonation.
Whether or not there is condonation.
Yes. Pursuant to previous jurisprudence, there is condonation to the alleged adultery on the part of the husband.
Article 100 of the Civil Code provides that 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 by either of them. Collusion between the parties to obtain legal separation shall cause the dismissal of the petition.
Further, single voluntary act of marital intercourse between the parties ordinarily is sufficient to constitute condonation, and where the parties live in the same house, it is presumed that they live on terms of matrimonial cohabitation.
Moreover, pursuant to foreign jurisprudence, a divorce suit will not be granted for adultery where the parties continue to live together after it was known or there is sexual intercourse after knowledge of adultery or sleeping together for a single night.
Since the parties have stayed together as husband and wife for more than two nights after the knowledge of wife’s infidelity, condonation is established.
* Case digest by Cherrie Mae E. Aguila-Granada, LLB-1, Andres Bonifacio Law School, SY 2017-2018