GANDIONCO VS. HON. SENEN C. PEARANDA, G.R. NO.

79284, NOVEMBER 27, 1987

PADILLA, J.:

FACTS:
Private respondent Teresita Gandionco filed a complaint against petitioner Froilan Gandionco
for legal separation on the ground of concubinage as a civil case. Teresita also filed a criminal
complaint of concubinage against her husband. She likewise filed an application for the
provisional remedy of support pendente lite which was approved and ordered by the respondent
judge. Petitioner moved to suspend the action for legal separation and the incidents
consequent thereto such as the support for pendente lite, in view of the criminal case for
concubinage filed against him. He contends that the civil action for legal separation is
inextricably tied with the criminal action thus, all proceedings related to legal separation will
have to be suspended and await the conviction or acquittal of the criminal case.

ISSUE:
Whether or not a civil case for legal separation can proceed pending the resolution of the
criminal case for concubinage.

HELD:
Supreme Court ruled that the contentions of the petitioner were incorrect. A civil action for legal
separation on the ground of concubinage may proceed ahead of, or simultaneously with, a
criminal action for concubinage, because said civil action is not one to enforce the civil liability
arising from the offense, even if both the civil and criminal actions arise from or are related to
the same offense. Such civil action is one intended to obtain the right to live separately, with the
legal consequences thereof including the dissolution of the conjugal partnership of gains,
custody of the children, support and disqualifications from inheriting from the innocent spouse.
Decree of legal separation may be issued upon proof by preponderance of evidence, where no
criminal proceeding or conviction is necessary.

Futhermore, it may be noted that under Article 55(6) of the Family Code of the Philippines,
sexual infidelity or perversion of either spouse has replaced adultery on the part of the wife and
concubinage on the part of the husband as defined by the Revised Penal Code (Art. 97, New
Civil Code) as one of the grounds for legal separation.