Bugayong vs Ginez

G.R. No. L-10033 | December 28, 1956

J. Felix

Facts:

Benjamin Bugayong was married to defendant Leonila Ginez. After their marriage, the couple
lived with their sisters who later moved to Sampaloc, Manila. After some time, defendant left the
dwelling of her sister-in-law and informed her husband that she had gone to reside with her mother
from which place she later moved to Dagupan City to study college. Plaintiff began receiving letters
informing him of alleged acts of infidelity of his wife. He also admitted that his wife also informed him by
letter, that a certain "Eliong" kissed her.

Plaintiff sought for his wife. She came along with him and both proceeded to his cousin’s house
where they stayed and lived for 2 nights and 1 day as husband and wife. Plaintiff tried to verify from his
wife the truth of the information he received that she had committed adultery but Leonila, instead of
answering his query, merely packed up and left. Benjamin Bugayong filed in the Court of First Instance a
complaint for legal separation against his wife.

Issue:

Is a single voluntary act of marital intercourse between the parties sufficient to constitute
condonation?

Held:

Yes, any cohabitation with the guilty party, after the commission of the offense, and with the
knowledge or belief on the part of the injured party of its commission, will amount to conclusive
evidence of condonation.