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    Bugayong Vs Ginez G.R. No. L-10033, December 28, 1956 Facts

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    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, alleging acts of infidelity. However, after Benjamin confronted Leonila about the allegations, they lived together again as husband and wife for two days. The court held that this act of voluntary marital intercourse and living together constituted condonation, meaning forgiveness, of any marital offenses. Under the law, legal separation can only be claimed if there is no condonation of adultery, and living together is presumed to be condonation. Therefore, Benjamin could not claim legal separation since he had condoned any alleged acts of infidelity.

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    Bugayong Vs Ginez G.R. No. L-10033, December 28, 1956 Facts

    Uploaded by

    ckqash
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    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, alleging acts of infidelity. However, after Benjamin confronted Leonila about the allegations, they lived together again as husband and wife for two days. The court held that this act of voluntary marital intercourse and living together constituted condonation, meaning forgiveness, of any marital offenses. Under the law, legal separation can only be claimed if there is no condonation of adultery, and living together is presumed to be condonation. Therefore, Benjamin could not claim legal separation since he had condoned any alleged acts of infidelity.

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    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, alleging acts of infidelity. However, after Benjamin confronted Leonila about the allegations, they lived together again as husband and wife for two days. The court held that this act of voluntary marital intercourse and living together constituted condonation, meaning forgiveness, of any marital offenses. Under the law, legal separation can only be claimed if there is no condonation of adultery, and living together is presumed to be condonation. Therefore, Benjamin could not claim legal separation since he had condoned any alleged acts of infidelity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    6 views1 page

    Bugayong Vs Ginez G.R. No. L-10033, December 28, 1956 Facts

    Uploaded by

    ckqash
    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, alleging acts of infidelity. However, after Benjamin confronted Leonila about the allegations, they lived together again as husband and wife for two days. The court held that this act of voluntary marital intercourse and living together constituted condonation, meaning forgiveness, of any marital offenses. Under the law, legal separation can only be claimed if there is no condonation of adultery, and living together is presumed to be condonation. Therefore, Benjamin could not claim legal separation since he had condoned any alleged acts of infidelity.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
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    BUGAYONG VS GINEZ

    G.R. No. L-10033, December 28, 1956

    FACTS:
    Benjamin Bugayong, serviceman in the US Navy was married to defendant Leonila Ginez in
    Pangasinan, while on furlough leave. After marriage, the couples live with the sisters of the husband,
    before the latter left to report back to duty, the couple came to an agreement that Leonila would stay
    with Benjamin’s sisters.

    Leonila left the dwelling of her sisters-in-law which she informed her husband by letter that she had
    gone to reside with her mother in Pangasinan. Early in July 1951, Benjamin receive letters from his
    sister Valeriana Polangco that her wife informing him of alleged acts of infidelity. Benjamin went to
    Pangasinan and sought for his wife whom he met in the house of Leonila’s godmother. They lived
    again as husband and wife and stayed in the house of Pedro Bugayong, cousin of the plaintiff-
    husband. On the second day, he tried to verify from his wife the truth of the information he received
    but instead of answering, Leonila packed up and left him which Benjamin concluded as a confirmation
    of the acts of infidelity. After he tried to locate her and upon failing he went to Ilocos Norte. Benjamin
    filed in CIF of Pangasinan a complaint for legal separation against Leonila, who timely filed an answer
    vehemently denying the averments of the complaint.

    ISSUE:
    Whether or not the acts charged in line with the truth of allegations of the commission of acts of
    infidelity amounting to adultery have been condoned by the plaintiff-husband.

    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.

    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.

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