13.D.BUGAYONG VS GINEZ, 100 PHIL 616.

DARLENE LOU PAGUNSAN

Facts:
Bugayong filed a case for legal separation against his wife, Ginez. The said legal
separation was on the grounds of adultery. However, the lower court refused to
grant the petition as Bugayong slept with Ginez even after the suspicion of
adultery. Such act has been considered as condonation which bars the grant of legal
separation.
Issue:
Whether or not the court has erred in the decsion of dismissing the case.
Held:
No, the courts did not err in dismissing the case for legal separation between
Bugayong and Ginez. According to Article 97 of the Civil Code, a petition may be
filed for adultery on the part of the wife and for concubinage for the part of the
husband as defined on the Penal Code or an attempt by one spouse against the life
of the other. But legal separation may be claimed only by the innocent spouse,
provided there has no condonation of or consent to the adultery or concubinage.
Where both spouses are offenders, a legal separation cannot be made by either o
them. Collusion between the parties to obtain legal separation shall cause the
dismissal of the petition.
Condonation of Bugayong on the adultery committed by Ginez was considered as the
act of sleeping with her after such time that he had knowledge of her crime.
Becasue there has been an act of condonation on the part of Bugayong, the case for
legal separation was dismissed.