Persons Case Digest 4

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Somosa-Ramos vs. Vamenta

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Case Digests for Persons and

Case Sarao vs Guevarra 40 Og

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Katipunan v. Tenorio

Facts:

Marcos Katipunan and Rita Tenorio had been married for seven years. Tenorio suffered a mental ailment. Katip wanted to annul their marriage on the ground of insanity. Issue:

WON mental ailment after the celebration of the marriage be considered as insanity and as a ground for annulm Held:

There is no ground to annul the marriage. Insanity occurs after the celebration of the marriage does not constitu cause for nullity. The wife was mentally sound at the time of the marriage. Note:

Definition sa Mental illness is usually a broader and more inclusive term than Insanity. Insanity is usually reser for describing severe conditions involving psychotic-like breaks with reality, while Mental Illness can include b severe and milder forms of mental problems (such as anxiety disorders and mild depressions). Aquino vs. Delizo

109 Phil 21 FACTS:

Fernando Aquino filed a complaint in September 1955 on the ground of fraud against Conchita Delizo that at th date of her marriage with the former on December 1954, concealed the fact that she was pregnant by another m and sometime in April 1955 or about 4 months after their marriage, gave birth to a child. During the trial, Provi Fiscal Jose Goco represents the state in the proceedings to prevent collusion. Only Aquino testified and the onl documentary evidence presented was the marriage contract between the parties. Delizo did not appear nor prese any evidence. 

Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title  CFI-Rizal dismissed dismissed petitioner‘s complaint for annulment of marriage, affirmed by CA thus a petitio & The New York Times Usefulwas Not useful  which review the decisions. Special offer forcertiorari students:toOnly $4.99/month.

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Grounds for Annulment FC Article 45: A marriage may be annulled for any of the following causes, existing at the time of the marriage:

1. That the party in whose behalf it is sought to have marriage annulled was eighteen years of age or over but b twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife;2.That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; 3. That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of facts constituting the fraud, freely cohabited with the other as husband and wife;

4. That the consent of either party was obtained by force, intimidation or undue influence, unless the same havi disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;

5. That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable;

6. That either party was afflicted with a sexually-transmitted disease found to be serious and appears to be incu FC Article 46: The following shall constitute fraud:

1. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turp

2. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than he husband; 3. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage;

4. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of th Master your semester with Scribd  Read Free Foron 30this Days Sign up to vote title marriage.  & The New York Times  Useful  Not useful No other misrepresentation or deceit as to character, health, rank, for tune or chastity shall constitute such fraud

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will give grounds for action for the annulment of marriage.

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constituted fraud in obtaining her consent. She prayed for the annulment of her marriage with Fernando on suc ground.

ISSUE: Whether or not the concealment to a wife by her husband of his pre-marital relationship with another woman is a ground for annulment of marriage.

HELD:

The concealment of a husband‘s pre -marital relationship with another woman was not one of those enumerated would constitute fraud as ground for annulment and it is further excluded by the last paragraph providing that ― other misrepresentation or deceit as to.. chastity‖ shall give ground for an action to annul a marriage. Hence, case at bar does not constitute fraud and therefore would not warrant an annulment of marriage. RUIZ VS ATIENZA

TAGALOG VERSION ang case L (pero gi try nako ug digest sa English HAHA please bear with me, guys!)

Malapit nang kumuha ng Bar exams si Juan nang mabuntis niya ang siyotang si Anita. Nang malaman ito ng ta ng babae, agad itong pumunta sa boarding house ni Juan kasama ang isang tiyuhin ni Anita. Nagdala ng balison ang tatay ni Anita at nang makaharap si Juan, ipinatong nito ang balisong sa ibabaw ng mesa sa harap mismo n You're Reading a Preview Juan. Sinabi ng tiyuhin ni Anita na dapat pakasalan ni Juan ang pamangkin at kung hindi, sisiguraduhin niya na hindi makakakuha ng Bar exam si Juan. Dahil sa takot sa kanyang buhay Unlock full access with a free trial.at sa posibilidad na hindi makakuha n exam, pinakasalan ni Juan si Anita.

With Free Trialang pagrereview. Nang makapasa at n Hindi nagsama sa iisang bahay sina Juan atDownload Anita. Ipinagpatuloy ni Juan ganap na abogado, nagsampa ng kaso si Juan upang ipawalambisa ang kasal nila ni Anita. Pinuwersa at tinakot daw siya upang pakasalan ang babae.

Ayon sa korte, hindi uubra ang reklamo ni Juan. Wala raw aktuwal na pananakot na nangyari porke pinatong n tatay ni Anita ang balisong sa ibabaw ng mesa kaharap si Juan. Hindi raw ito sapat upang sabihin na naging sap  ang kanyang pagpayag. Ang ginawa naman na pananakot kay Juan naRead pipigilan pagkuha Free Forsa 30 Days Sign up to siya vote on this titleng exam ay leg  karapatan ng kaanak ni Anita at hindi tulad ng pananakot na nakasaad sa ating batas. Upang maging basehan ng Useful Not useful   pagpapawalambisa ng kasal, ang pananakot at pamimilit ay kailangan na illegal. kabila nito, hindi ri n impor CancelSa anytime. Special offer forkung students: Only $4.99/month. sino ang gumamit ng pananakot, kahit ibang tao pa ang gumawa nito, magiging sapat ito upang ipawalam ang kasal (Ruiz vs. Atienza, C.A. 40, 40 O.G. 1903).

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There is no ground for annulment. Neither violence nor duress attended the marriage celebration. Threat canno come from lawful actions such as threat to obstruct his admission to the Bar based on immorality. He was also kidnapped by the wife‘s relatives. He had many occasions to escape. SEE ARTICLE 45-46 Jimenez vs. Canizares

GR No. L-12790 Aug 31, 1960 Joel Jimenez, plaintiff-appellee vs. Remedios Canizares, defendant and Republic of the Philippines, intervenor-appellant

Facts: Joel filed a complaint praying for a decree of annulment of his marriage to Remedios upon the ground th orifice of her vagina was too small for penetration. This condition made Joel leave the conjugal home two nigh one day after they had been married. He alleged that it existed at the time of marriage. Remedios did not file an answer and so the court directed the Zamboanga City Atty. to a inquire whether or not there was collusion and You're Reading Preview intervene to see that evidence is not fabricated. Remedios was also ordered to submit to a physical examination which failed as she had refused to be examined. Unlock full access with a free trial.

Procedural history: After hearing, Remedios was not present. The trial court entered a decree declaring the mar Free Trial had not been satisfactorily establish null and void. The city attorney filed an MRDownload contending With that the impotency since there was no physical examination and that instead of annulling the marriage, the court should have punis her for contempt and compelled her to undergo physical examination. He further argued that the decree would the door to collusion simply by alleging impotency.

Issue: WON the marriage may with be annulled on the strength of the lone testimony of the husband who claimed an Master your semester Scribd  testified that the wife was and is impotent Read Free Foron 30this Days Sign up to vote title  & The New York Times  Useful  Not useful Held: NO Rule: Article 45 (5)


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―A marriage may be annulled for any of the following causes, existing at the time of the marriage

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"Impotency being an abnormal condition should not be presumed. The presumption is in favor of potency." Th testimony of the husband that his wife is physically incapable of sexual intercourse is insufficient to tear asunde ties that have bound them together as husband and wife.

Dispositive Portion: The decree appealed from is set aside and the case remanded to the lower court for further proceedings in accordance with this decision, without pronouncement as to costs. Sarao vs. Guevara

Facts:

On the day the marriage of the plaintiff and the defendant, the marriage was not consummated because the defe complained of pains. The defendant was operated on and her uterus and ovaries were surgically removed. The removal rendered the defendant incapable of procreation as such; plaintiff wants his marriage with the responde annulled. Held: Impotency is not inability to procreate but inability to copulate. Inability to copulate cannot be a ground for annulment and temporary or occasional incapacity cannot be used as a ground to nullify the marriage. Suntay vs. Suntay GR No. 132524

Petitioner Federico is the oppositor to respondent Isabel‘s Petition for Letters of Administration over the estate You're Reading a Preview Cristina A. Suntay who had died without leaving a will. The decedent is the wife of Federico and the grandmot Isabel. Isabel‘s father Emilio, had predeceased his mother Cristina. Unlock full access with a free trial. The marriage of Isabel‘s parents had previously been decalred by the CFI as ―null and void.‖ Federico anchors oppostion on this fact, alleging based on Art. 992 of the CC, that Isabel has no right to succeed by right of representation as she is an illegitimate child.Download The trial court hadFree denied Federico‘s Motion to Dismiss, hence th With Trial petition for certiorari. Federico contends that, inter alia, that the dispositive portion of t he the decision declarin marriage of Isabel‘s parents ―null and void‖ be upheld. Issue: In case of conflict between the body of the decision and the dispostive portion thereof, which should prevail? Related thereto, was the marriage of Isabel‘s parents a case of a void or voidable marriage? Whether or not Isabel is an legitimate child?  Read Free Foron 30this Days Ruling: Petition dismissed Sign up to vote title  Art. 10 of the Civil Code states that in case of doubt in the interpretationUseful and application laws, it is presumed Notofuseful   Canceland anytime. the lawmaking body intended right and justice to prevail. This is also applicable binding upon courts in rela Special offer fortostudents: Only $4.99/month. its judgment. While the dispositive portion of the CFI decision states that the marriage be ―declared null and void,‖ the body had shown that the legal basis was par. 3 Art. 85 of the Civil Code, which was in effect at the ti


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and are also called natural children by legal fiction. In view thereof, the status of Isabel would be covered by the second paragraph of Article 89 of the Civil Code w provides that ― children conceived of voidable marriages before the decree of annulment shall be considered legitimate.‖ Tamano v.Judge Ortiz, G.R. No. 126603, June 29, 1998

FACTS: Sen. Tamano and Zorayda Tamano married in civil rites. Before Sen. Tamano died, he married Estrell civil rites too. A year after Sen. Tamano‘s death, Zorayda and her son filed a complaint for declaration of nullit marriage of her husband and Estrellita on the ground that it was bigamous. Zorayda further claimed that her hu claimed to be divorces and Estrellita as single, hence, their marriage was fraudulent. Estrellita filed a motion to dismiss alleging that QC RTC has no jurisdiction because only a party to a marriage could file an action for annulment against the other spouse. Estrellita also contended that since Tamano and Zorayda were both Muslim and married in Muslim rites, the jurisdiction to hear and try the case is vested in Sharia courts pursuant to Art 1 Code of Muslim. RTC denied the petition and ruled it has jurisdiction since Estrellita and Tamano were marrie accordance with the Civil Code. Motion for reconsideration was also denied. Petitioner referred to SC which ru that it should be referred to CA first. The CA ruled that the case would fall under the exclusive jurisdiction of s courts only when filed in places where there are sharia courts. But in places where there are no sharia courts, th instant petition could be at RTC. Hence, this petition. ISSUE: W/N Sharia courts and not the RTC has jurisdiction over the subject case and the nature of action.

HELD: SC held that RTC has jurisdiction over all actions involving the contract of marriage and marital relatio this case, both petitioner and the deceased were married through a civil wedding. And whether or not they were likewise married in a Muslim wedding, sharia courtsReading are still not vested with original jurisdiction over marriage You're a Preview married under civil and Muslim law. Unlock full access with a free trial. Muñoz vs. Del Barrio Felicidad P. Muñoz, petitioner and appellant, vs. Jose del Barrio, respondent and appellee Download With Free Trial April 15, 1955 Ponente: Felix, J.

Facts:

Muñoz and del Barrio were married civilly on September 24, 1942 and canonically on October 24 of t same year.  Since then, the couple lived together as husband and wife for six months in the husband‘s  Read Free For 30this Days Sign up to vote on title father‘s hou  Manila and then moved to Bulacan. Useful Not useful   Felix Luis del Barrio, 11, and Maria Teresa del Barrio, 9, were born.  Cancel anytime. Special offer for students: Only $4.99/month. The couple had frequent quarrels (husband maltreated wife, wife couldn‘t bear it). In 1947, they  unceremoniously separated, the wife in Bulacan and the husband in Manila. 


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That petitioner be allowed costs, plus attorney‘s fees (P200) charged against conjugal partner property (par. 4, Art. 293, CC) That whatever remains of said conjugal partnership property after deduction of expenses o mentioned in preceding paragraph, be divided and adjudicated in equal parts to the spouses a conjugal partnership dissolved and liquidated That petitioner be granted such further and complete relief as may be just and equitable in the o premises Respondent prayed that the petition be denied and dismissed for lack of merit. The Court took every feasible step for reconciliation (Art. 98, CC), but failed because of refusal of wif The case proceeded with the intervention of office of the Provincial Fiscal and Court rendered a decisi dismissing the petition for lack of merits. Muñoz appealed from the judgment. o

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Issue: W/N the maltreatments that appellant suffered at the hands of the respondent after their separation of dwelling furnish ground for the legal separation applied for under paragraph 2 of Article 97 of the Civil Code. Art 97. A legal separation may be filed: (2) An attempt by one’s spouse against the life of the other.

Held: NO. In the maltreatments complained of in this case, the respondent only used at most his bare fists or hands a desisted from giving further chastisement after the first blows were given at the spur of the impulse.

You're Reading a Preview Reasoning: Under Art. 97, par. 2 a petition for legal separation may be filed for an attempt by one spouse against  Unlock full access with a free life on the other. The case was only brought to court after thetrial. alleged maltreatment of September 1951 not upon the effectivity of the Civil Code on August 30, 1950, so the maltreatments before their separ in 1947 must not have amounted to husband‘s attempt on the life of his wife. Download With Free Trial 1) An attempt on the life of a person implies that the actor in the attempt is moved by an intention to kill person. Said maltreatments as given by testimonies cannot constitute attempts on the life of appellant. 2) Jovita Faustino (apartment tenant – fist blow on face), 3) Faustino Mallari (patrolman – crying, scratches on brow and cheeks, (certain points of the neck were blackened ecchymosis)) 4) Atty. Manuel Macias (appellant‘s counsel – boxed in abdomen, pulled hair, twisted neck)

Master your semester with Scribd  Read Free Foron 30this Days Sign up to vote title  time It is absolutely necessary that the homicidal intent be evidenced by adequate acts which at the & The New York Times Useful  Not useful  their execution were unmistakably calculated to produce the death of the victim . The presumptio 

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Special offer for students: Only $4.99/month. acts of violence, is that the actor intended the natural consequence of his acts. (Francisco, RVP II, 2 

It is argued that being a civil case, the appellant is only bound to prove her right of action by

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Gandionco vs Penaranda

GR No. 72984, November 27, 1987 FACTS:

Private respondent, Teresita Gandionco, filed a complaint against herein petitioner, Froilan Gandionco for lega separation on the ground of concubinage as a civil case. Teresita also filed a criminal complaint of concubinag against her husband. She likewise filed an application for the provisional remedy of support pendent elite whic was approved and ordered by the respondent judge. Petitioner moved to suspend the action for legal separation the incidents consequent thereto such as the support for pendent elite, in view of the criminal case for concubin filed against him. He contends that the civil action for legal separation is inextricably tied with the criminal ac thus, all proceedings related to legal separation will have to be suspended and await the conviction or acquittal criminal case.

ISSUE: Whether or not a civil case for legal separation can proceed pending the resolution of the criminal case concubinage. HELD:

Supreme Court ruled that the contentions of the petitioner were incorrect. A civil action for legal separation on ground of concubinage may proceed ahead of, or simultaneously with, a criminal action for concubinage, becau said civil action is not one to enforce the civil liability arising from the offense, even if both the civil and crimin You're Reading a Preview actions arise from or are related to the same offense. Such civil action is one intended to obtain the right to liv separately, with the legal consequences thereof including thewith dissolution of the conjugal partnership of gains, Unlock full access a free trial. custody of the children, support and disqualifications from inheriting fro m the innocent spouse. Decree of lega separation may be issued upon proof by preponderance of evidence, where no criminal proceeding or convictio Download With Free Trial necessary.

Furthermore, the support pendente lite, as a remedy, can be availed of in an action for legal separation, and gra at the discretion of the judge. If in case, the petitioner finds the amount of support pendente lite ordered as too onerous, he can always file a motion to modify or reduce the same.


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Special offer forCase students: $4.99/month. Title Only : Estrella Dela Cruz vs. Severino Dela Cruz (GR No. L-19565 January 30, 1968)

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Defendant contended the allegations and stated that he is merely separated from his family in order to concentr their family business and never fails to visit and give support to the family. Issue: WON the alleged abandonment of Severinoi a ground for legal separation Ruling:

No, abandonment is the act of the party leaving with an intenti on of causing perpetual separation. As used in ar 178 of the New Civil Code, to constitute abandonment there must be absolute cessation of marital relations and duties and rights with the intention of perpetual separation.

People vs. Sensano

Legal separation - defense art 56 FC Facts:

-Ursula Sensano (defendant) and Mariano Ventura got married in 1919, had a child but the latter left the wife fo years without writing or sending her any support. Poor and illiterate, Ursula and her son struggled for existence she met Marcelo Ramos (codefendant) whoYou're took herReading to live with him. a Preview

Unlock full access with a free trial. for adultery. Both were sentenced t -The husband returned in 1924, filed a charge against his wife and Marcelo months and one day of arresto mayor.

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-The court nonetheless included in its decision that the husband was somewhat cruel in his treatment of his wif having abandoned her.

-After the sentence, the wife left her paramour and begged for her husband's forgiveness and to take her back a live together again.

Master your semester with Scribd  Free Foron 30 Days Signthat up to vote this title - Husband refused to pardon her or (1) live with her; he also told her Read (2) she could go and do what  she plea & The New York Times  Useful  Not useful Cancel anytime.

Abandoned for$4.99/month. the second time, the wife resumed living with her codefendant. The husband (3) did not do Special offer for- students: Only anything to assert his rights and left for Hawaii where he lived for 7 years.

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" the crimes of adultery and concubinage shall not be prosecuted except by a complaint filed by the offended spouse."

"The offended party cannot institute criminal prosecution without includig both the guilty parties, if they are bo alive, nor, in any case, if he shall have CONSENTED or pardoned the offenders." 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 Pangasi 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 sis who later moved in Manila. On or about July 1951, she left the dwelling of the sisters-in-law and informed he husband by letter that she had gone to Pangasinan to reside with her mother and later on moved to Dagupan to in a local college.

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Petitioner then began receiving letters from Valeriana Polangco, (plaintiff‘s sister -in-law) and some from Unlock fullhearing, access with a free trial. anonymous writers, which were not produced at the informing him of alleged acts of infidelity of his w 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 With Navy Chaplain who asked him to consult wit h the nav Download Free Trial legal department.

In August 1952, Bugayong went to Pangasinan and looked for his wife. They met in the house of the defendan Master your semester with Scribd and 1 ni godmother. They proceeded to the house of Pedro, cousin of the plaintiff where they stayed for 1 day Read Free Foron 30this Days Sign up to vote title the tru husband and wife. The next day, they slept together in their own house. He tried to verify with Leonila & The New York Times Useful  Not useful  the information he received but instead of answering, she merely packed up and left which he took as a confirm

Special offer forofstudents: Only $4.99/month. the acts of infidelity. He then filed a complaint for legal separation.

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Furthermore, Art. 100 of the Civil Code states that the legal separation may be claimed only by the innocent sp provided there has been no condonation of or consent to the adultery or concubinage. Republic of the Philippines SUPREME COURT Manila SECOND DIVISION G.R. No. 196842

October 9, 2013

ALFREDO ROMULO A. BUSUEGO, Petitioner, vs. OFFICE OF THE OMBUDSMAN MINDANAO and ROSA S. BUSUEGO, Respondents.

DECISION PEREZ, J.:

Before us is a petition for certiorari seeking to annul and set aside the Resolution of the Ombudsman dated 17 A 20091 and Order dated October 2010,2 which directed the tiling of an Information for Concubinage under Artic 334 of the Revised Penal Code against petitioner Alfredo Romulo A. Busuego (Alfredo). You're Reading a Preview We chronicle the facts thus.

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Private respondent Rosa S. Busuego (Rosa) filed a complaint for: (1) Concubinage under Article 334 of the Re Download With Free Trial Penal Code; (2) violation of Republic Act No. 9262 (Anti-Violence Against Women and Their Children); and ( Grave Threats under Article 282 of the Revised Penal Code, before the Office of the Ombudsman against her husband, Alfredo, with designation Chief of Hospital, Davao Regional Hospital, Apokon, Tagum City. In her complaint, Rosa painted a picture of a marriage in disarray.

Master your semester with Scribd  Read Free For 30 Days Sign up to vote on this title She and Alfredo were married on 12 July 1975 at the Assumption Church, Davao City. Their union wasblessed two (2) sons, Alfred and Robert, born in 1976 and 1978, respectively. 1983, & The New York Times Useful in Not their usefulmarriage turned Sometime At this time, Rosa unearthed photographs of, and love letters addressed to Alfredo from, other women. Rosa Special offer for students: Only $4.99/month.

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confronted Alfredo who claimed ignorance of the existence of these letters and innocence of any wrongdoing.

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Because of that incident, Rosa acted up to her plan and left for the US. While in the US, Rosa became homesic was subsequently joined by her children who were brought to the US by Alfredo. Rosa singularly reared them: Alfred, from grade school to university, while Robert, upon finishing high school, went back to Davao City to s medicine and lived with Alfredo.

During that time his entire family was in the US, Alfredo never sent financial support. In fact, it was Rosa who would remit money to Alfredo from time to time, believing that Alfredo had stopped womanizing. Rosa contin spend her annual vacation in Davao City.

Sometime in 1997, Rosa learned that a certain Emy Sia (Sia) was living at their conjugal home. When Rosa ask Alfredo, the latter explained that Sia was a nurse working at the Regional Hospital in Tagum who was in a sorr plight as she was allegedly being raped by Rosa‘s brother -in-law. To get her out of the situation, Alfredo allow Sia to live in their house and sleep in the maids‘ quarters. At that time, Rosa gave Alfredo the benefit of the dou

In October 2005, Rosa finally learned of Alfredo‘s extra-marital relationships. Robert, who was already living Davao City, called Rosa to complain of Alfredo‘s illicit affairs and shabby treatment of him. Rosa then rang up Alfredo which, not surprisingly, resulted in an altercation. Robert executed an affidavit, corroborating his moth story and confirming his father‘s illicit affairs:

1. In varying dates from July 1997 to January 1998, Robert found it strange that Sia slept with his fath the conjugal bedroom.

2. He did not inform his mother of that odd arrangement as he did not want to bring trouble to their fam

You're Reading a was Preview 3. Eventually, Sia herself confirmed to Robert that she Alfredo‘s mistress. Unlock full access with a free trial.

4. During this period of concubinage, Sia was hospitalized and upon her discharge, she and Alfredo resumed their cohabitation.


5. The relationship between Alfredo and Sia ended only when the latter found another boyfriend. 6. H father next took up an affair with Julie de Leon (de Leon) whom Robert met when de Leon fetched Al on one occasion when their vehicle broke down in the middle of the road.

Robert read various Short Message Service (SMS) exchanges between Julie and Alfredo on Alfredo Master your7.mobile semester with Scribd  phone. Read Free Foron 30this Days Sign up to vote title  & The New York Times Useful Not useful   8. On 23, 24, 30 and 31 December 2004, de Leon stayed in Rosa‘s and Alfredo‘s conjugal dwelling an stayed the conjugal room the entire nights thereof. Special offer for students: Only in $4.99/month.

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Pursuant to her charges of violation of Republic Act No. 9262 and Grave Threats, Rosa averred that during the course of their marriage, apart from the marital infidelity, Alfredo physically and verbally abused her and her family. On one occasion after Rosa confirmed the affairs, Alfredo threatened their family, including other mem of their household that he will gun them down should he chance upon them in Tagum City. Lastly, on 22 Marc 2006, Alfredo purportedly dismissed house helper Liza Diambangan and threatened her. As expected, Alfredo, in his counter-affidavit, denied all accusations against him and alleged that:

1. Rosa, despite his pleas for them to remain and raise their family in the Philippines, chose to live in t US, separate from him.

2. Rosa‘s allegations that he had kept photographs of, and love letters from, other women, were only m to create a cause of action for the suit for Legal Separation which Rosa filed sometime in 1998.

3. It was highly improbable that he committed acts of concubinage with Sia and de Leon since from th time he became Chief of Hospital of the Davao Regional Hospital in Tagum City, he practically staye days of the work week in the hospital. The instances he went home were few and far between, only to check on the house and provide for household expenses.

4. When Robert returned to Davao City and lived with him, it became more impossible for him to hav shacked up with Sia and de Leon in the conjugal dwelling.

5. With respect to his alleged relationship with Sia, without admitting to anything, that Sia, for a time, have lived in his and Rosa‘s conjugal house, staying at the maids‘ quarters. However, at no instance d You're Reading a Preview keep Sia as his mistress in the conjugal dwelling. Unlock full access with a free trial.

6. As regards the dates of December 23, 24, 30 and 31, 2004 when he supposedly stayed with de Leon the conjugal room, Alfredo pointed out that said dates were busiest days of the year in the hospital wh his presence as Chief of Hospital isDownload most required. With Free Trial

7. By Rosa‘s own admission, she first learned of Alfredo‘s alleged concubinage in 1997, and yet she s continued with her yearly visits to Alfredo in Davao City. Those instances ought to be construed as condonation of the concubinage.

Master your8.semester with Scribd  Significantly, the alleged concubines, Sia and de Leon, were not impleaded along with Alfredo as p Read Free For 30 Days Sign up to vote this title respondents in the complaint in violation of Article 344 of the Revised Penalon Code.  & The New York Times  Useful  Not useful Cancel anytime.

made short shrift of Rosa‘s charges of violation of Republic Act No. 9262 and Grave Threats. He claim Special offer forAlfredo students: Only $4.99/month.

that, at no time, did he threaten, the lives or, to harm his wife, their family and members of their household. He

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at this point in time, due to the alleged procedural lapse committed by Rosa, this Office explained to the parties the position of Alfredo would just pro long the conduct of the preliminary investigation si nce Rosa can just re-f her complaint. The doctrine of res judicata does not apply in the preliminary investigation stage. Hence, the cou for Rosa was directed to submit to this Office the addresses of the alleged mistresses so that they could be serve with the Order directing them to file their counter-affidavits. Rosa submitted an Ex-Parte Manifestation on the last known addresses of Julie de Leon and Emy Sia. x x x . 4

On 24 June 2008, the Ombudsman issued a Joint Order impleading Sia and de Leon as party-respondents in th complaint for Concubinage and directing them to submit their respective counter-affidavits within a period of t Copies of the Joint Order were mailed to Sia‘s and de Leon‘s last known addresses, as provided by Rosa to the Ombudsman.

Sia and de Leon did not submit their respective counter-affidavits: a copy of the Joint Order sent to Sia‘s last k address was returned to the Ombudsman with the notation on the Registry Return Receipt No. 1624 "Return to Sender; removed," while a copy thereof to de Leon was received on 3 September 2008 by Ananias de Leon .

Apparently still opposed to the Ombudsman‘s ruling to simply amend the complaint and implead therein Alfred alleged mistresses, Alfredo filed his Comment to the 24 June 2008 Order with Motion to Dismiss and/or Refer 6 charges to the Appropriate Provincial/City Prosecutor praying for dismissal of the complaint for: (1) failure to implead the two mistresses in violation of Article 344 of the Revised Penal Code; and in the alternative, (2) ref of the complaint to the Office of the City Prosecutor as provided in OMB-DOJ Circular No. 95-001. Rosa filed a Reply to that latest pleading of Alfredo.


On 17 April 2009, the Ombudsman issued the herein assailed Resolution, disposing of the procedural issues: Unlock full access with a free trial.

Before dwelling into the merits of the case, this Office finds an urgent need to resolve the ancillary issues raise petitioner Dr. Busuego on: 1.) the alleged legal infi rmityWith of Rosas‘s pleading by resorting to a pr oced Download Free initiatory Trial short cut which would result to the delay in the disposition of this case; and 2.) the criminal charges imputed ar in relation to office, hence, the Office of the Provincial/City Prosecutor shall investigate and prosecute this case pursuant to OMB-DOJ Joint Circular No. 95-001, Series of 1995.


On the first issue, this Office observed that Busuego had already pointed out in his counter-Affidavit the allege deficiency in the complaint. Rosa also explained in her Reply that the names of the mistresses were categorical  Read Free Foron 30this Days Sign up to vote title any act or mentioned in the complaint. She averred that this Office is empowered to investigate and prosecute  omission of a public official or employee to the exclusion of non-government employees. She stated that the Not useful  Useful  anytime. inclusion of the alleged concubines in the Information to be filed in court is Cancel a matter of procedure, within the Special offer for students: Only $4.99/month. competence of the investigating prosecutor.

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In the same Resolution, the Ombudsman, ultimately, found probable cause to indict only Alfredo and Sia of Concubinage and directed the filing of an Information against them in the appropriate court:

WHEREFORE, in view of the foregoing, this Office finds a prima facie case for violation of Article 334 of the Revised Penal Code (concubinage) and that petitioner ALFREDO ROMULO BUSUEGO y ABRIO, and EMY are probably guilty thereof. Let the herewith Information be filed in the appropriate court.

The charges for: 1.) Concubinage against Alfredo Romulo Busuego y Abrio and Julie de Leon; 2.) Grave Threa against Alfredo Romulo y Abrio; and 3.) violation of RA 9262 (Anti-Violence Against Women and Children A are hereby DISMISSED for lack of merit.8

Alfredo filed a Partial Motion for Reconsideration excepting to the Ombudsman‘s ruling on the automatic inclu of Sia as respondent in the complaint and their indictment for the crime of Concubinage. Alfredo is adamant th Rosa‘s complaint should have, at the outset, impleaded his alleged concubines. Failing such, the Ombudsman c resort to automatic inclusion of party-respondents, erroneously finding him and Sia prima facie culpable for Concubinage. For good measure, Alfredo pointed out that from Rosa‘s own allegations, she had condoned or pardoned Alfredo‘s supposed concubinage. Alfredo likewise submitted Liza S. Diambangan‘s affidavit, recanti her previous affidavit corroborating Rosa‘s charges. Nonetheless, the Ombudsman stood pat on its ruling, declared that the Partial Moti on for Reconsideration was out of time, and gave scant attention to Liza S. Diambangan‘s affidavit of recantatio n:

You're Reading a Preview WHEREFORE, all the foregoing considered, this instant Motion for Reconsideration is hereby DENIED. The findings in the questioned Resolution hereby remains undisturbed. Let the Information for Concubinage be file 9 the proper court against herein Busuego. Unlock full access with a free trial.

Alfredo now comes to us on petition for certiorari alleging grave abuse of discretion in the Ombudsman‘s findi Download With Free Trial probable cause to indict him and Sia for Concubinage. Alfredo‘s badges of grave abuse of discretion are the following:

1. The Ombudsman railroaded the inclusion of Sia and de Leon as party-respondents in the complaint;

Master your2.semester with the offen The Ombudsman did not referScribd the complaint to the Department of Justice, considering that Read Free Foron 30this Days Sign to vote title Concubinage is not committed in relation to his office as Chief ofup Hospital;  & The New York Times  Useful  Not useful Cancel anytime.

3. Only The Ombudsman Special offer for students: $4.99/month.glossed over Rosa‘s condonation of Alfredo‘s supposed Concubinage when she al

in the complaint that she had known of Alfredo‘s womanizing and believed him to have changed his w

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By grave abuse of discretion is meant such capricious and whimsical exercise of judgment tantamount to lack o jurisdiction.12 The abuse of discretion must be so patent and gross as to amount to an evasion of a positive duty virtual refusal to perform a duty enjoined by law, or to act at all in contemplation of law, as where the power is exercised in an arbitrary and despotic manner by reason of passion or hostility .13 In this regard, petitioner failed demonstrate the Ombudsman's abuse, much less grave abuse, of discretion.

First. Alfredo insists that the Ombudsman‘s automatic inclusion, over his vehement objections of Sia and de Le party-respondents, violates Article 344 of the Revised Penal Code and Section 5, Rule 110 of the Rules of Cou which respectively provide:

Art. 344. Prosecution of the crimes of adultery, concubinage, seduction, abduction, rape and acts of lasciviousn — The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offend spouse.

The offended party cannot institute criminal prosecution without including both the guilty parties, if they are bo alive, nor, in any case, if he shall have consented or pardoned the offenders. Section 5. Who must prosecute criminal action. – xxx.

The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders. We do not agree.


The submission of Alfredo is belied by the fact that the Ombudsman merely followed the provisions of its Rule Unlock full access with a free trial. Procedure. Thus: II Free Trial DownloadRule With PROCEDURE IN CRIMINAL CASES xxxx

Section 2. Evaluation – Upon evaluating the complaint, the investigating officer shall recommend whether it m Master be: your semester with Scribd  Read Free Foron 30this Days Sign up to vote title  & The New York Times Useful  Not useful  a) dismissed outright for want of palpable merit;


b) referred to respondent for comment;

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Section 4. Procedure – The preliminary investigation of cases falling under the jurisdiction of the Sandiganbay and Regional Trial Courts shall be conducted in the manner prescribed in Section 3, Rule 112 of the Rules of C subject to the following provisions: a) x x x

b) After such affidavits have been secured, the investigating officer shall issue an order, attaching ther copy of the affidavits and other supporting documents, directing the respondents to submit, within ten days from receipt thereof, his counter-affidavits and controverting evidence with proof of service there the complainant. The complainant may file reply affidavits within ten (10) days after service of the co affidavits.

c) If the respondents does not file a counter-affidavit, the investigating officer may consider the comm filed by him, if any, as his answer to the complaint. In any event, the respondent shall have access to t evidence on record. d) No motion to dismiss shall be allowed except for lack of jurisdiction. Neither may a motion for a bill of particulars be entertained.

If respondent desires any matter in the complainant‘s affidavit to be clarified, the particularization the may be done at the time of the clarificatory questioning in the manner provided in paragraph (f) of this section.

You're Previewin paragraph 6 hereof, or having been e) If the respondents cannot be served withReading the order a mentioned served, does not comply therewith, the complaint shall be deemed submitted for resolution on the basi Unlock full access with a free trial. the evidence on the record.

f) If, after the filing of the requisiteDownload affidavits and theirFree supporting With Trial evidences, there are facts material t case which the investigating officer may need to be clarified on, he may conduct a clarificatory hearin during which the parties shall be afforded the opportunity to be present but without the right to examin cross-examine the witness being questioned. Where the appearance of the parties or witnesses is impracticable, the clarificatory questioning may be conducted in writing, whereby the questions desire be asked by the investigating officer or a party shall be reduced into writing and served on the witness concerned who shall be required to answer the same in writing and under oath. 

Master your semester with Scribd Read Free Foron 30this Days Sign up to vote title  & The New York Times Useful officer Not useful g) Upon the termination of the preliminary investigation, the shall forward the rec investigating Cancel anytime.

of Only the case together with his resolution to the designated authorities for their appropriate action thereo Special offer for students: $4.99/month.

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In order to clarify some matters, including the said issue, with the parties, the clarificatory hearing was conduct was explained in the said hearing the need to implead the alleged concubines in this case pursuant to Article 34 the Revised Penal Code and to obviate the proceedings, Rosa was directed to submit the addresses of the allege concubines. Busuego‘s position that the said short cut procedure would delay the proceedings is misplaced. If t case will be dismissed based on procedural infirmity, Rosa could still amend her complaint and re-file this case 14 the doctrine of res judicata does not apply in the preliminary investigation stage of the proceedings . The Ombudsman merely facilitated the amendment of the complaint to cure the defect pointed out by Alfredo. agree with the Ombudsman that it would be superfluous to dismiss the complaint when amendment thereof is allowed by its Rules of Procedure 15 and the Rules of Court.16

Second. Alfredo claims that the Ombudsman should have referred Rosa‘s complaint to the Department of Justi (DOJ), since the crime of Concubinage is not committed in relation to his being a public officer. This is not a n argument.

The Ombudsman‘s primary jurisdiction, albeit concurrent wit h the DOJ, to conduct preliminary investigation o crimes involving public officers, without regard to its commission in relation to office, had long been settled in 17 Honasan II v. The Panel of Investigating Prosecutors of DOJ, and affirmed in subsequent cases:

The Constitution, Section 15 of the Ombudsman Act of 1989 and Section 4 of the Sandiganbayan Law, as ame do not give to the Ombudsman exclusive jurisdiction to investigate offenses committed by public officers or employees. The authority of the Ombudsman to investigate offenses involving public officers or employees is concurrent with other government investigating agencies such as provincial, city and state prosecutors. Howeve Ombudsman, in the exercise of its primary jurisdiction over cases cognizable by the Sandiganbayan, may take at any stage, from any investigating agencyYou're of the government, investigation of such cases. Reading athe Preview

In other words, respondent DOJ Panel is not precluded fromwith conducting any investigation of cases against publ Unlock full access a free trial. officers involving violations of penal laws but if the cases fall under the exclusive jurisdiction of the Sandiganb the respondent Ombudsman may, in the exercise of its primary jurisdiction take over at any stage.


Thus, with the jurisprudential declarations that the Ombudsman and the DOJ have concurrent jurisdiction to co preliminary investigation, the respective heads of said offices came up with OMB -DOJ Joint Circular No. 95 for the proper guidelines of their respective prosecutors in the conduct of their investigations, to wit: OMB-DOJsemester JOINT CIRCULARwith NO. 95-001 Master your Scribd Series of 1995 & The New York Times


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OMBUDSMAN may call upon the government prosecutors for assistance in the investigation and prosecution criminal cases cognizable by his office and the conditions under which he may do so. Also discussed was Repu Act No. 7975 otherwise known as "AN ACT TO STRENGTHEN THE FUNCTIONAL AND STRUCTURAL ORGANIZATION OF THE SANDIGANBAYAN, AMENDING FOR THE PURPOSE PRESIDENTIAL DE NO. 1606, AS AMENDED" and its implications on t he jurisdiction of the office of the Ombudsman on crimina offenses committed by public officers and employees.

Concerns were expressed on unnecessary delays that could b e caused by discussions on jurisdiction bet ween th OFFICE OF THE OMBUDSMAN and the DEPARTMENT OF JUSTICE, and by procedural conflicts in the f of complaints against public officers and employees, the conduct of preliminary investigations, the preparation resolutions and informations, and the prosecution of cases by provincial and city prosecutors and their assistant DEPUTIZED PROSECUTORS OF THE OMBUDSMAN.

Recognizing the concerns, the OFFICE OF THE OMBUDSMAN and the DEPARTMENT OF JUSTICE, in a of consultations, have agreed on the following guidelines to be observed in the investigation and prosecution of cases against public officers and employees:

1. Preliminary investigation and prosecution of offenses committed by public officers and employees RELATION TO OFFICE whether cognizable by the SANDIGANBAYAN or the REGULAR COURT and whether filed with the OFFICE OF THE OMBUDSMAN or with the OFFICE OF THE PROVINCIAL/CITY PROSECUTOR shall be under the control and supervision of the office of the OMBUDSMAN.

2. Unless the Ombudsman under its Constitutional mandate finds reason to believe otherwise, offense NOT IN RELATION TO OFFICEYou're and cognizable byathe REGULAR COURTS s hall be investigated Reading Preview prosecuted by the OFFICE OF THE PROVINCIAL/CITY PROSECUT OR, which shall rule thereon w finality. Unlock full access with a free trial.

3. Preparation of criminal information shall be the responsibility of the investigating officer who cond Download With Freeprosecution Trial the preliminary investigation. Resolutions recommending together with the duly accompli criminal informations shall be forwarded to the appropriate approving authority.

4. Considering that the OFFICE OF THE OMBUDSMAN has jurisdiction over public officers and employees and for effective monitoring of all investigations and prosecutions of cases involving publi officers and employees, the OFFICE OF THE PROVINCIAL/CITY PROSECUTOR shall submit to t  OFFICE OF THE OMBUDSMAN a monthly list of complaints their respective Read Free For 30this Days Signfiled up towith vote on title offices agai  public officers and employees.


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(c) National and Regional State Prosecutors; and (d) Other officers as may be authorized by law.

Their authority to conduct preliminary investigation shall include all crimes cognizable by the proper court in t respective territorial jurisdictions.

SEC. 4. Resolution of investigating prosecutor and its review. - If the investigating prosecutor finds cause to ho the respondent for trial, he shall prepare the resolution and information. He shall certify under oath in the information that he, or as shown by the record, an authorized officer, has personally examined the complainant his witnesses; that there is reasonable ground to believe that a crime has been committed and that the accused i probably guilty thereof; that the accused was informed of the complaint and of t he evidence submitted against and that he was given an opportunity to submit controverting evidence. Otherwise, he shall recommend the dismissal of the complaint.

Within five (5) days from his resolution, he shall forward the record of the case to the provincial or city prosecu or chief state prosecutor, or to the Ombudsman or his deputy in cases of offenses cognizable by the Sandiganba in the exercise of its original jurisdiction. They shall act on the resolution within ten (10) days from their receip thereof and shall immediately inform the parties of such action.

No complaint or information may be filed or dismissed by an investigating prosecutor without the prior written authority or approval of the provincial or city prosecutor or chief state prosecutor or the Ombudsman or his dep

Where the investigating prosecutor recommends the dismissal of the complaint but his recommendation is You're Reading a Previewor the Ombudsman or his deputy on th disapproved by the provincial or city prosecutor or chief state prosecutor ground that a probable cause exists, the latter may, by himself file the information against the respondent, or di Unlock access with conducting a free trial. another preliminary investigation. another assistant prosecutor or state prosecutor to full do so without

If upon petition by a proper party under such rules as theWith Department of Justice may prescribe or motu proprio, Download Free Trial Secretary of Justice reverses or modifies the resolution of the provincial or city prosecutor or chief state prosec he shall direct the prosecutor concerned either to file the corresponding information without conducting anothe preliminary investigation, or to dismiss or move for dismissal of the complaint or information with notice to th parties. The same Rule shall apply in preliminary investigations conducted by the officers of t he Office of the Ombudsman.

Master your semester with Scribd  Free For 30this Days Sign up to vote title confirm the authority of the DOJ prosecutors to conduct preliminary Read investigation of on criminal complaints  filed them for offenses cognizable by the proper court within their respective territorial jurisdictions, including those & The New York Times  Useful  Not useful

Cancel anytime. offenses which come within the original jurisdiction of the Sandiganbayan; but with the qualification that in off falling within the original jurisdiction of the Sandiganbayan, the prosecutor shall, after their investigation, trans the records and their resolutions to the Ombudsman or his deputy for appropriate action. Also, the prosecutor c


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need to delegate the conduct of the preliminary investigation to an agency which has the jurisdiction to do so in first place. However, the Ombudsman may assert its primary jurisdiction at any stage of the investigation. (Em supplied).

In Honasan II, although Senator Gregorio "Gringo" Honasan was a public officer who was charged with coup d for the occupation of Oakwood on 27 July 2003, the preliminary investigation therefor was conducted by the D Honasan questioned the jurisdiction of the DOJ to do so, proferring that it was the Ombudsman which had jurisdiction since the imputed acts were committed in r elation to his public office. We clarifi ed that the DOJ an Ombudsman have concurrent jurisdiction to investigate offenses involving public officers or employees. Nonetheless, we pointed out that the Ombudsman, in the exercise of its primary j urisdiction over cases cogniza by the Sandiganbayan, may take over, at any stage, from any investigating agency of the government, the investigation of such cases. Plainly, applying that ruling in this case, the Ombudsman has primary jurisdiction, concurr ent with the DOJ, over Rosa‘s complaint, and after choosing to exercise such jurisdiction, need not defe the dictates of a respondent in a complaint, such as Alfredo. In other words, the Ombudsman may exercise jurisdiction to the exclusion of the DOJ.

Third. Alfredo next argues that Rosa had pardoned his concubinage, having admitted to knowing of his woman and yet continuing with their relationship as demonstrated in Rosa‘s annual visits to him in Davao City. We are not convinced.

Old jurisprudence has held that the cynosure in the question of whether the wife condoned the concubinage lies the wife‘s "line of conduct under the assumption that she really believed [her husband] guilty of concubinage:"

Condonation is the forgiveness of a maritalYou're offense Reading constituting ground for legal separation or, as stated in I a aPreview Bouver's Law Dictionary, p. 585, condonation is the ‗conditional forgiveness or remission, by a husband or wif matrimonial offense which the latter has committed.‘ Unlock full access with a free trial. xxxx


A detailed examination of the testimony of the plaintiff-husband, especially those portions quoted above, clearl shows that there was a condonation on the part of the husband for the supposed ‗acts of rank infidelity amounti adultery‘ committed by defendant-wife. Admitting for the sake of argument that the infidelities amounting to adultery were committed by the defendant, a reconciliation was effected between her and the plaintiff. The act latter in persuading her to come along with him, and the fact that she went with him and consented to be brough  Free Foron 30this Days the house of his cousin Pedr o Bugayong and together they slept thereRead as husband and wife fortitle one day and one Sign up to vote  night, and the further fact that in the second night they again slept together in their house Useful Notlikewise useful as husband a   Cancel wife — all these facts have no other meaning in the opinion of this court than thatanytime. a reconciliation between them Special offer foreffected students: Only $4.99/month. and that there was a condonation of the wife by the husband. The reconciliation occurred almost ten m after he came to know of the acts of infidelity amounting to adultery.


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It has been held in a long line of decisions of the various supreme courts of the different states of the U. S. that single voluntary act of sexual intercourse by the innocent spouse after discovery of the offense is ordinarily sufficient to constitute condonation, especially as against the husband'. (27 Corpus Juris Secundum, section 61 cases cited therein).

In the lights of the facts testified to by the plaintiff-husband, of the legal provisions above quoted, and of the va decisions above-cited, the inevitable conclusion is that the present action is untenable.

Although no acts of infidelity might have been committed by the wife, We agree with the trial judge that the co of the plaintiff-husband above narrated despite his belief that his wife was unfaithful, deprives him, as alleged t offended spouse, of any action for legal separation against the offending wife, because his said conduct comes within the restriction of Article 100 of the Civil Code.

The only general rule in American jurisprudence is that any cohabitation with the guilty party, after the commis of the offense, and with the knowledge or belief on the part of the injured party of its commission, will amount 18 conclusive evidence of condonation; but this presumption may be rebutted by evidence (60 L. J. Prob. 73) .

Although the foregoing speaks of condonation of concubinage as a ground for legal separation, the holding the applies with equal force in a prosecution for concubinage as a felony. Indeed, Rosa‘s admission was that she believed her husband had stopped womanizing, not that she had knowledge of Alfredo‘s specific acts of concubinage with Sia and de Leon, specifically keeping them in the conjugal dwelling. This admission set agai the specific acts of concubinage listed in Article 334 19 of the Revised Penal Code does not amount to condonat Their continued cohabitation as husband and wife construed from Rosa‘s annual visits to Davao City is not acquiescence to Alfredo‘s relations with his concubines. On that score, we have succinctly held:


We can find nothing in the record which can be construed as pardon or condonation. It is true that the offended has to a considerable extent been patient with her full husband's shortcomings, Unlock access with a free trial. but that seems to have been due to h promises of improvement; nowhere does it appear that she has consented to her husband's immoralit y or that sh acquiesced in his relations with his concubine.20


Fourth. Alfredo next grasps at Liza S. Diambangan‘s affidavit of recantation to eliminate his probable culpabil concubinage. Again, we are not swayed by Alfredo‘s asseverations.

Master your semester with Scribd  Read Free For 30this Sign up to vote on title Affidavits of We have generally looked with disfavor upon retraction of testimonies previously given inDays court.  recantation are unreliable and deserve scant consideration. The asserted repudiation are commo & The New York Times Useful for Not useful  motives the

Cancel anytime. held suspect, and the veracity of the statements made in the affidavit of repudiation are frequently and deserved subject to serious doubt.

Special offer for students: Only $4.99/month. 21

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circumstances which, coupled with the retraction of the witness, really raise doubt as to the truth of the testimo given by him at the trial and accepted by the trial judge, and only if such testimony is essential to the judgment conviction, or its elimination would lead the trial judge to a different conclusion, an acquittal of the accused ba on such a retraction would not be justified.22

In this case, Liza S. Diambangan‘s testimony merely corroborates the still standing story of Robert and Melissa Diambangan, the other helper in the Busuego household. Clearly, the two‘s consistent story may still be the bas the Ombudsman‘s finding of a prima facie case of concubinage against Alfredo and Sia. Finally. Despite his vigorous arguments, Alfredo claims that there is simply no basis for indicting him and Sia concubinage. Article 334 of the Revised Penal Code lists three (3) specific acts of concubinage by a husband: (1) keeping a mistress in the conjugal dwelling; (2) sexual intercourse, under scandalous circumstances, with a woman who is not his wife; and (3) cohabiting with a woman who is not his wife in any other place.

The Ombudsman found a prima facie case against Alfredo and Sia based on the testimony of Robert, Melissa S Diambangan and Liza S. Diambangan that Alfredo had kept Sia in the conjugal dwelling where Sia even stayed the conjugal room. We completely agree with the Ombudsman‘s disquisition:

x x x. It is ingrained in human behavior that a child has love, respect and loyalty to his family and would strive keep the family harmonious and united. This is the very reason why Robert did not inform his mother about his father‘s infidelities during the time when his father was keeping his mistress at the conjugal dwelling. A son w You're Reading Preview never turn against his father by fabricating such a serious storyawhich will cause his home to crumble, if such is true. His natural instinct is to protect his home, which he did when he kept silent for a long time. What broke th full suffered access with freethought trial. camel‘s back was the abusive treatment he Unlock allegedly anda the that things would change for the if his mom would intervene.


The story of Robert in his Affidavit was reinforced by the two house helpers Melissa S. Diambangan and Liza Diambangan, who were employed by the family. Melissa was with the Busuego family in their conjugal home 1997. She left the family in 2005 but returned in 2006. 1âwphi1 Liza started working with the family in 2002. Melissa revealed that it was Emy Sia who recruited her to work with the Busuego family. They both attested to fact that Alfredo and Emy Sia slept together in the bedroom of Alfredo but Emy Sia would sleep in the maid‘s quarter when Rosa and Alfred came home for a visit in 1997. They recalled that Emy Sia calls Alfredo "papa".  Read Free 30 Days narrated that Emy Sia would even confide to them some private matters relating toFor her sexual proclivities with Sign up to vote on this title  23 Alfredo. Useful Not useful


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We further note that the presence of Sia at the Busuego household and her interim residence thereat was not dis nor explained. Alfredo just cavalierly declares that Sia may have stayed in the conjugal dwelling, but never as h

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MATUBIS vs. PRAXEDES (109 Phil 789)

FACTS: Herein complainant Socorro Matubis and the defendant Zoilo Praxedes were legally married with each other. On the grounds that they fail to agree on how they should live as husband and wife, the couple agreed to separately from each other and having the agreement of that (a) they relinquish their rights over as husband and wife; (b) neither of them can prosecute the other of adultery or concubinage or any other crime arising from separation; (c) neither of them are entitled for support from each other, and; (d) neither can claim anything from each other. In January 1955, the defendant began cohabiting with one Asuncion Rebulado and they had a child was recorded as the child of the defendant. On April 1956, plaintiff filed an action in the CFI alleging concubin and abandonment and a complaint for legal separation. The CFI held that the acts of the defendant constitute concubinage, a ground for legal separation, but the court had to dismiss the case on the ground that (1) the filin the case has already prescribed under Art. 102 of the new Civil Code, and; (2) the plaintiff consented the acts o concubinage under Art. 100 of the new Civil code.

ISSUE: W/N the plaintiff is barred from filing a complaint of legal separation on the grounds of concubinage a abandonment against the defendant based on Art. 100 & 102 of the new Civil Code. HELD: The decision of the lower court was AFFIRMED by the SC. The law was clear. Article 102 of the new Civil Code provides:

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

Reading a above Preview The complaint was filed outside the periodsYou're provided for by the Article. By the very admission of plainti she came to know the ground (concubinage) for the legal separation in January, 1955. She instituted the compla Unlock full access with a free trial. only on April 24, 1956. It is to be noted that appellant did not even press this matter in her brief.

The very wording of the agreement ExhibitDownload B. gives no room interpretation other than that given by the tria Withfor Free Trial judge. Counsel in his brief submits that the agreement is di vided in two parts. The first part having to do with t of living separately which he claims to be legal, and the second part — that which becomes a license to commi ground for legal separation which is admittedly illegal. We do not share appellant's view. Condonation and con on the part of plaintiff are necessarily the import of paragraph 6(b) of the agreement. The condonation and cons here are not only implied but expressed. The law (Art. 100 Civil Code), specifically provides that legal separati may be claimed only by the innocent spouse, provided there has been no condonation of or consent to the adult  Read Free Foron 30this Days concubinage. Having condoned and/or consented in writing, the plaintiff now undeserving of the court's Signisup to vote title  sympathy. Useful Not useful


WILLIAM H. BROWN, plaintiff-appellant,

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prayed for confirmation of the liquidation agreement; for custody of the children issued of the marriage; that th defendant be declared disqualified to succeed the plaintiff; and for their remedy as might be just and equitable.

Upon petition of the plaintiff, the court subsequently declared the wife in default, for failure to answer in due ti despite service of summons; and directed the City Fiscal or his representatives to —

investigate, in accordance with Article 101 of the Civil Code, whether or not a collusion exists betwee parties and to report to this Court the result of his investigation within fi fteen (15) days from receipt o copy of this order. The City Fiscal or his representative is also directed to intervene in the case in beha the State. (Rec. App. p. 9).

As ordered, Assistant City Fiscal Rafael Jose appeared at the trial, and cross-examined plaintiff Brown. His questions (strenuously objected to by Brown's counsel) elicited the fact that after liberation, Brown had lived maritally with another woman and had begotten children by her. Thereafter, the court rendered judgment denyi the legal separation asked, on the ground that, while the wife's adultery was established, Brown had incurred in misconduct of similar nature that barred his right of action under Article 100 of the new Civil Code, providing:

ART. 100. The legal separation may be claimed only by the innocent spouse, provided there has been condonation or of 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 separatio shall cause the dismissal of the petition.

that there had been consent and connivance, and because Brown's action had prescribed under Article 102 of th same Code:


ART. 102 An action for legal separation cannot be filed except within one year from and after the date Unlock full cause accessand withwithin a free trial. which the plaintiff became cognizant of the five years from and after date when such cause occurred.


since the evidence showed that the learned of his wife's infidelity in 1945 but only filed action in 1945. Brown appeared to this Court, assigning the following errors:

court erred in permitting the Assistant Fiscal Rafel Jose of Manila to act as counsel for the defend Master yourThe semester with Scribd  who defaulted. Read Free Foron 30this Days Sign up to vote title  & The New York Times Useful Not useful   The court erred in declaring that there was condonation of or consent to the adultery.


The court erred in dismissing the plaintiff's complaint.

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express provision of Article 100 of the new Civil Code. Wherefore, such evidence of such misconduct, were pr subject of inquiry as they may justifiably be considered circumstantial evidence of collusion between the spous

The policy of Article 101 of the new Civil Code, calling for the intervention of the state attorneys in case of uncontested proceedings for legal separation (and of annulment of marriages, under Article 88), is to emphasiz marriage is more than a mere contract; that it is a social institution in which the state is vitally interested, so tha continuation or interruption cannot be made depend upon the parties themselves (Civil Code, Article 52; Adong Cheong Gee, 43 Phil, 43; Ramirez vs. Gmur 42 Phil. 855; Goitia vs. Campos, 35 Phil. 252). It is consonant wit policy that the injury by the Fiscal should be allowed to focus upon any relevant matter t hat may indicate whet the proceedings for separation or annulment are fully justified or not.

The court below also found, and correctly held that the appellant's action was already barred, because Brown d petition for legal separation proceedings until ten years after he learned of his wife's adultery, which was upon release from internment in 1945. Under Article 102 of the new Civil Code, action for legal separation can not b filed except within one (1) year from and after the plaintiff became cognizant of the cause and within five years from and after the date when such cause occurred. Appellant's brief does not even contest the correctness of suc findings and conclusion.

It is true that the wife has not interposed prescription as a defense. Nevertheless, the courts can take cognizance thereof, because actions seeking a decree of legal separation, or annulment of marriage, involve public interest is the policy of our law that no such decree be issued if any legal obstacles thereto appear upon the record.

Hence, there being at least two well established statutory grounds for denying the remedy sought (commission similar offense by petitioner and prescription of the action), it becomes unnecesary to delve further into the cas ascertain if Brown's inaction for ten years also evidences condonation or connivance on his part. Even if it did n You're Reading a Preview his situation would not be improved. It is thus needless to discuss the second assignment of error. Unlock full access with a free trial.

The third assignment of error being a mere consequence of the others must necessarily fail with them.


The decision appealed from is affirmed, with costs against appellant. So ordered. Lapuz-Sy vs. Eufemio

Master your semester with Scribd FACTS: & The New York Times 43 SCRA 177


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Lapuz-Sy filed a petition for legal separation against Eufemio Eufemio on August 1953. They were ma Special offer forCarmen students: Only $4.99/month. civilly on September 21, 1934 and canonically after nine days. They had lived together as husband and wife

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ISSUE: Whether the death of the plaintiff, before final decree in an action for legal separation, abate the action will it also apply if the action involved property rights. HELD:

An action for legal separation is abated by the death of the plaintiff, even if property rights are involved. These rights are mere effects of decree of separation, their source being the decree itself; without the decree such righ not come into existence, so that before the finality of a decree, these claims are merely rights in expectation. If supervenes during the pendency of the action, no decree can be forthcoming, death producing a more radical an definitive separation; and the expected consequential rights and claims would necessarily remain unborn.

The petition of Eufemio for declaration of nullity is moot and academic and there could be no further interest in continuing the same after her demise, that automatically dissolved the questioned union. Any property rights acquired by either party as a result of Article 144 of the Civil Code of the Philippines 6 could be resolved and determined in a proper action for partition by either the appellee or by the heirs of the appellant.

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Persons Case Digest 4

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