Case Title: Matubis vs. Praxedes G.R. No.

L-11766 Date: October 25, 1960

Rule: Art. 102, Old Civil Code Ponente: Paredes, J.

Topic: Legal Separation Digest by: Tampico

Doctrine: An action for legal separation cannot be filed except within one year from and after
the date on which the plaintiff became cognizant of the cause and within five years from after
the date when cause occurred.

Facts:
Socorro Matubis and Zoilo Praxedes were married in 1943. In 1944, however, they agreed to
live separately from each other and entered into an agreement in 1948 that they relinquish
their right over the other as husband and wife and shall not prosecute each other for adultery
or concubinage. However, in 1956 when Praxedes was cohabiting with Asuncion Rebulado,
Matubis filed for a complaint for legal separation against Praxedes.

Issue:
Did the action for legal separation prescribe?

Ruling:
Yes. An action for legal separation cannot be filed except within one year from and after the
date on which the plaintiff became cognizant of the cause and within five years from after the
date when cause occurred. By the very admission of plaintiff, she came to know the ground
(concubinage) for the legal separation in January, 1955. She instituted the complaint only on
April 24, 1956. It is to be noted that appellant did not even press this matter in her brief.

The law specifically provides that legal separation may be claimed only by the innocent spouse,
provided there has been no condonation of or consent to the adultery or concubinage. Having
condoned and/or consented in writing, the plaintiff is now undeserving of the court's sympathy
(People vs. Scheneckenburger, 73 Phil., 413). Plaintiff's counsel even agrees that the complaint
should be dismissed. He claims however, that the grounds for the dismissal should not be those
stated in the decision of the lower court, "but on the ground that plaintiff and defendant have
already been legally separated from each other, but without the marital bond having been
affected, long before the effectivity of the new Civil Code".