Bugayong v.

Ginez
GR NO. L-10033 | December 28, 1956 | FELIX, J RULING
Wherefore, and on the strength of the foregoing, the order appealed
Digest By: RODRIGUEZ, Albert from is hereby affirmed, with costs against appellant. It is so ordered.

Paras, C.J., Bengzon, Padilla, Bautista Angelo, Labrador, Concepcion,

Reyes, J. B. L. and Endencia, JJ., concur.
TOPIC: Condonation

DOCTRINE: Art 56 (1)

The petition for legal separation shall be denied on any of the following grounds:

(1) Where the aggrieved party has condoned the offense or act complained of;

FACTS
Petitioner Bugayong, a serviceman in the United States Navy married
Ginez in Pangasinan. When the former left for work, he began receiving
letters informing him of alleged acts of infidelity of his wife. Bugayong went
to Pangasinan and sought his wife, eventually they stayed for two nights
and one day in the house of Bugayong’s cousin, and one night in
Bugayong’s house as husband and wife. When he tried to verify the truth,
Ginez merely packed up and left, which he then took as confirmation of her
adultery. As a result, Bugayong filed for legal separation. Ginez contends
that assuming that such acts of infidelity are true, her husband already
condoned it.

ISSUE
Whether or not Bugayong can file for legal separation assuming he
condoned his wife’s acts of infidelity which he believed to be true - NO

RATIO
The Supreme Court reiterated that one voluntary act of marital intercourse
between the parties is sufficient to constitute condonation, and where the
parties live in the same house, it is presumed that they live in terms of
matrimonial cohabitation. In this case, Bugayong persuaded Ginez to
spend some nights as husband and wife. They even spent one night at
Bugayong’s house. Hence, by the conduct of Bugayong, despite his belief
that his wife was unfaithful, he shall be deprived of any action for legal
separation against the offending wife.
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