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  • Francisco vs Tayao: Divorce denied due to adultery conviction instead of concubinage

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    Shiela Pilar
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    Juanaria Francisco filed for divorce from her husband Lope Tayao in the Court of First Instance of Manila. The court denied the divorce. Francisco and Tayao married in 1912 but separated in 1917. Tayao then had an affair with a married woman, Bernardina Medrano, in Zamboanga. Medrano's husband, Ambrosio Torres, filed criminal charges against Tayao and Medrano. Tayao was convicted of adultery but not concubinage. The Supreme Court upheld the lower court's ruling, finding that Francisco was not entitled to divorce because she was not an innocent spouse and Tayao was convicted of adultery, not concubinage, which is the only grounds for divorce.

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    Francisco vs Tayao Digest Persons and Family

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    Francisco vs Tayao

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    Juanaria Francisco filed for divorce from her husband Lope Tayao in the Court of First Instance of Manila. The court denied the divorce. Francisco and Tayao married in 1912 but separated in 1917. Tayao then had an affair with a married woman, Bernardina Medrano, in Zamboanga. Medrano's husband, Ambrosio Torres, filed criminal charges against Tayao and Medrano. Tayao was convicted of adultery but not concubinage. The Supreme Court upheld the lower court's ruling, finding that Francisco was not entitled to divorce because she was not an innocent spouse and Tayao was convicted of adultery, not concubinage, which is the only grounds for divorce.

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    © All Rights Reserved
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    74 views1 page

    Francisco vs Tayao: Divorce denied due to adultery conviction instead of concubinage

    Uploaded by

    Shiela Pilar
    Juanaria Francisco filed for divorce from her husband Lope Tayao in the Court of First Instance of Manila. The court denied the divorce. Francisco and Tayao married in 1912 but separated in 1917. Tayao then had an affair with a married woman, Bernardina Medrano, in Zamboanga. Medrano's husband, Ambrosio Torres, filed criminal charges against Tayao and Medrano. Tayao was convicted of adultery but not concubinage. The Supreme Court upheld the lower court's ruling, finding that Francisco was not entitled to divorce because she was not an innocent spouse and Tayao was convicted of adultery, not concubinage, which is the only grounds for divorce.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    FRANCISCOvsTAYAO

    Plaintiffandappellant:JuanariaFrancisco
    Defendantandappellee:LopeTayao
    FACTS:
    Francisco(plaintiff)andTayao(defendant)contractedmarriageinManilain1912
    Theygotseparatedin1917.
    The husband then moved to Zamboanga,and thereafter had an affair with a married woman named
    BernardinaMedranowhowasthewifeofAmbrosioTorres.
    TorresfiledacriminalcaseagainstTayaoandhiswife.Theywerethensentencedtosufferthreeyears,
    sixmonths,andtwentyonedaysimprisonment(prisioncorreccional),andtopaycosts.
    Relyingonthiscriminalcase,FranciscofiledtoseverthebondsoftheirmarriageintheCourtofFirst
    InstanceofManila,andwaslaterdeniedbyitsjudgebasingonthefactthatFranciscowas notaninnocent
    spousewithinthemeaningofSections1and3oftheDivorceLaw.
    ISSUE(S):
    W/NFranciscocansecureadivorcefromTayao,wherethelatterhasbeenconvictedofadulteryandnot
    ofconcubinage,althoughtheactsforwhichhewasconvictedofadulterymayalsoconstituteconcubinage
    HELD/RATIO:
    No.Franciscocouldnotsecureadivorcebecauseshewasnottheinnocentspousewhofiledthecriminal
    caseagainstTayao.Tayaowasconvictedofthecrimeofadultery,notconcubinage,whichistheonlycause
    ofactionforfilingadivorceagainstahusband.Theinstitutionofacriminalcasebytheinjuredwifeis
    essentialfortheproperinitiationofaprosecutionforconcubinage,andsubsequently,fortheproperfiling
    oflegalseparation.WhatFranciscowasaskingfromtheCourtwastoconvictthedefendantofthecrimeof
    concubinage,althoughshehadnotestablishedaprosecutionforthesame.

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