Bugayong vs Ginez

Bugayong vs. Ginez

GR No. 10033, December 28, 1956

FACTS:

Benjamin Bugayong, a serviceman in the US Navy was married with Leonila Ginez on August 1949 at Pangasinan while on furlough leave.  Immediately after the marriage, they lived with the sisters of Bugayong in said municipality before he went back to duty.  The couple came to an agreement that Ginez would stay with his sisters who later moved in Manila.  On or about July 1951, she left the dwelling of the sisters-in-law and informed her husband by letter that she had gone to Pangasinan to reside with her mother and later on moved to Dagupan to study in a local college.

Petitioner then began receiving letters from Valeriana Polangco, (plaintiff’s sister-in-law) and some from anonymous writers, which were not produced at the hearing, informing him of alleged acts of infidelity of his wife.  He admitted that his wife informed him by letter that a certain Eliong kissed her.  All these communications, prompted him in October 1951 to seek the advice of the Navy Chaplain who asked him to consult with the navy legal department.

In August 1952, Bugayong went to Pangasinan and looked for his wife.  They met in the house of the defendant’s godmother.  They proceeded to the house of Pedro, cousin of the plaintiff where they stayed for 1 day and 1 night as husband and wife.  The next day, they slept together in their own house.  He tried to verify with Leonila the truth on the information he received but instead of answering, she merely packed up and left which he took as a confirmation of the acts of infidelity.  He then filed a complaint for legal separation.

ISSUE: Whether there was condonation between Bugayong and Ginez that may serve as a ground for dismissal of the action.

HELD:

Condonation is the forgiveness of a marital offense constituting a ground for legal separation.   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. 

Furthermore, Art. 100 of the Civil Code states that 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.