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Matubis v.

Summary Cases:
Socorro Matubis vs. Zoilo Praxedes
Matubis v. Praxedes
Subject: Legal separation; condonation by the innocent spouse; statute of limitations
Plaintiff and defendant were legally married in 1!" at #riga$ %amarines Sur. &or failure to agree on how
they should live as husband and wife$ the couple agreed to live separately from each other$ which status
remained unchanged until the present. #n 1!'$ plaintiff and defendant entered into an agreement$ stating the
following( )a* that both of us relin+uish our right over the other as legal husband and wife; )b* ,hat both without
any interference by any of us$ nor either of us can prosecute the other for adultery or concubinage or any other
crime or suit arising from our separation.
#n -anuary$ 1..$ defendant began cohabiting with one /suncion 0ebulado who gave birth to a child$
who was recorded as the child of said defendant. #t was shown also that defendant and /suncion deported
themselves as husband and wife and were generally reputed as such in the community. /lleging abandonment
and concubinage$ plaintiff Socorro Matubis filed with the %&# of %amarines Sur a complaint for legal separation
and changed of surname against her husband defendant Zoilo Praxedes.
1. /rticle 112 of the new %ivil %ode provides that 3an action for legal separation cannot be filed except
within one year from and after the date on which the plaintiff became cogni4ant of the cause and
within five years from after the date when cause occurred.5
2. ,he complaint was filed outside the periods provided for by the above /rticle. 6y the very admission
of plaintiff$ she came to 7now the ground )concubinage* for the legal separation in -anuary$ 1...
She instituted the complaint only on /pril 2!$ 1.8. #t is to be noted that appellant did not even press
this matter in her brief.
". /rticle 111 of the new %ivil %ode provides that the legal separation may be claimed only by the
innocent spouse$ provided there has been no condonation of or consent to the adultery or
!. ,he agreement between the spouses is divided in two parts. ,he first part having to do with the act
of living separately which he claims to be legal$ and the second part 9 that which becomes a license
to commit the ground for legal separation which is admittedly illegal.
.. ,he condonation and consent here are not only implied but expressed. :aving condoned and;or
consented in writing$ the plaintiff is now undeserving of the court<s sympathy.