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Bugayong v.

Ginez
Summary Cases:
Benjamin Bugayong vs. Leonila Ginez
Bugayong v. Ginez
Subject: Legal separation; condonation by the innocent spouse
Facts:
Benjamin Bugayong, a serviceman in the United States Navy, as married to de!endant Leonila Ginez.
"mmediately a!ter their marriage, the couple lived ith their sisters ho later moved to #anila. $!ter some time,
Ginez le!t the delling o! her sister%in%la and in!ormed her husband by letter that she had gone to reside ith
her mother in &angasinan to study in a local college.
"n '()' Bugayong began receiving letters in!orming him o! alleged acts o! in!idelity o! his i!e. *n
cross%e+amination, plainti!! admitted that his i!e also in!ormed him by letter, hich she claims to have
destroyed, that a certain ,-liong, .issed her. "n '()/, plainti!! ent to &angasinan, and sought !or his i!e. She
came along ith him and both proceeded to the house o! &edro, a cousin o! the plainti!!%husband, here they
stayed and lived !or / nights and ' day as husband and i!e. *n the second day, Bugayong tried to veri!y !rom
his i!e the truth o! the in!ormation he received, but instead o! ansering his 0uery, Leonila merely pac.ed up
and le!t, hich he too. as a con!irmation o! the acts o! in!idelity imputed on her.
Bugayong !iled in the 12" o! &angasinan a complaint !or legal separation against his i!e ho timely
!iled an anser vehemently denying the averments o! the complaint. 3he motion to dismiss as predicted on
the !olloing grounds4 5'6 $ssuming arguendo the truth o! the allegations o! the commission o! ,acts o! ran.
in!idelity amounting to adultery,, the cause o! action, i! any, is barred by the statute o! limitations; 5/6 3hat
under the same assumption, the act charged have been condoned by the plainti!!%husband; and 576 3hat the
complaint !ailed to state a cause o! action su!!icient !or this court to render a valid judgment.
Held:
'. Under $rticle '88 o! the 1ivil 1ode, the legal separation may be claimed only by the innocent spouse,
provided there has been no condonation o! or consent to the adultery or concubinage. 9here both
spouses are o!!enders, legal separation cannot be claimed by either o! them. 1ollusion beteen the
parties to obtain legal separation shall cause the dismissal o! the petition
/. 1ondonation is the !orgiveness o! a marital o!!ense constituting a ground !or legal separation or the
,conditional !orgiveness or remission, by a husband or i!e o! a matrimonial o!!ense which the latter has
committed,.
7. 3he act o! the husband in persuading the i!e to come along ith him, and the !act that they slept there
as husband and i!e !or one day and one night, and the !urther !act that in the second night they again
slept together in their house li.eise as husband and i!e : all these !acts have no other meaning in
the opinion o! this court than that a reconciliation beteen them as e!!ected and that there as a
condonation o! the i!e by the husband.
;. 1ondonation is implied !rom se+ual intercourse a!ter .noledge o! the other in!idelity. <"t is entirely
consonant ith reason and justice that i! the husband !reely consents to se+ual intercourse a!ter he has
!ull .noledge o! the i!e=s guilt, his consent should operate as a pardon o! her rong.>
). $lthough no acts o! in!idelity might have been committed by the i!e, 9e agree ith the trial judge that
the conduct o! the plainti!!%husband above narrated despite his belie! that his i!e as un!aith!ul,
deprives him, as alleged the o!!ended spouse, o! any action !or legal separation against the o!!ending
i!e, because his said conduct comes ithin the restriction o! $rticle '88 o! the 1ivil 1ode