Ocampo v Florenciano

Jose de Ocampo and Serafina Florenciano were married and begot

children.Years after the marriage Ocampo discovered Florenciano
maintaining an illicit relation with Jose Arcalas. He sent his wife to Manila to
study beauty culture.
Again he found his wife going out with other men and she eventually left
him after finishing her study and both have lived separately.
Ocampo caught his wife having illicit relations with Nelsom Arzame.
Ocampo signified his intention of filing a petition for legal separation to
which Floriano confirmed. Provided she will not be charged with adultery in
a criminal action.
Ocampo’s petition for legal separation was dismissed for having confession
of judgment, plus condonatin or consent to the adultery.

ISSUE: WON decree for legal separation should be granted.

HELD: Yes. The fact that the wife also wanted to be legally separated from
the husband is not an obstacle to the successful prosecution of the action.
There will only be collusion if the parties arranged the scenario by making it
appear to be a matrimonial offense when if fact it was not.
According to the evidence presented, the offense of adultery had already
took place.