Bugayong v Ginez

G.R. No. L-10033

December 28, 1956
Facts:
August 27, 1949: Benjamin Bugayong, a serviceman in the US
Navy married Leonila Ginez in Asingan, Pangasinan
July 1951: Leonila left the dwelling of her sister-in-law and told
Benjamin that she went to live with her mother in Asingan, then
later moved to Dagupan City
Benjamin began receiving letters informing him of alleged acts of
infidelity of his wife (During cross-examination, he admitted
being told by his wife (through a letter) that Eliong had kissed
her)
August 1952: Benjamin went back to Asingan and met his wife
and lived 2 days and 1 day as husband and wife in Pedro
Bugayongs house. Then they went back to Benjamins house
and spent another night as husband and wife
Benjamin tried to verify the truth about the alleged infidelity.
Leonila responded by packing up and leaving (He took this as a
confirmation of the infidelity)
November 18, 1952: Benjamin filed for legal separation
against his wife in the CFI Pangasinan
CFI dismissed the case on the ground that the acts of infidelity
were condoned by Benjamin (by sleeping with Leonila after
finding out about the infidelity)
He filed an appeal to the CA (Questions of law, CA certified the
case to the SC)
Issues:
1. Was adultery sufficiently established in the trial?
2. Whether or not there was condonation between Benjamin and
Leonila that may serve as a ground for dismissal of the action
Ruling:
1. No. The facts are not sufficient to establish the charge of
adultery.
One testimony only (by Benjamin)
Letters are too vague
Failure to present alleged letter from Leonila
Identity of Eliong was not established
Leonila had no opportunity to deny the allegation
2. Yes. A single voluntary act of marital intercourse between the
parties ordinarily is sufficient to constitute condonation and
where the parties live in the same house, it is presumed that

they live on terms of matrimonial cohabitation. Condonation is

implied from sexual intercourse after knowledge of the other
infidelity. Such acts necessary implied forgiveness.
Pertinent laws/provisions:
Art. 100 (Civil Code)
The legal separation may be claimed only by the innocent spouse,
provided there has been no condonation of or consent to the
adultery or concubinage. Where both spouses are offenders, a legal
separation cannot be claimed by either of them. Collusion between the
parties to obtain legal separation shall cause the dismissal of the
petition.
Art. 56 Grounds for denying legal separation (Family Code)
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;
(2) Where the aggrieved party has consented to the
commission of the offense or act complained of;
xxx
Art. 57 Prescriptive period for cause of action (Family Code)
An action for legal separation shall be filed within five years from
the time of occurrence of the cause.