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    People Vs Pitoc

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    Divina Gracia Hinlo
    The document summarizes the elements of the crime of concubinage under Article 334 and applies it to the case of People vs Pitoc. It finds that Pitoc was married but left his wife to live with his former paramour, Marciana del Basco, in the same house, satisfying the elements of being married and cohabiting with another woman. The court ruled Pitoc guilty of concubinage, defining cohabiting as living together as husband and wife though not legally married or living together in the same house while claiming to be married.

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    People Vs Pitoc

    Uploaded by

    Divina Gracia Hinlo
    529 views2 pages
    The document summarizes the elements of the crime of concubinage under Article 334 and applies it to the case of People vs Pitoc. It finds that Pitoc was married but left his wife to live with his former paramour, Marciana del Basco, in the same house, satisfying the elements of being married and cohabiting with another woman. The court ruled Pitoc guilty of concubinage, defining cohabiting as living together as husband and wife though not legally married or living together in the same house while claiming to be married.

    Original Description:

    Criminal law 2 case digest

    Original Title

    People vs Pitoc

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    The document summarizes the elements of the crime of concubinage under Article 334 and applies it to the case of People vs Pitoc. It finds that Pitoc was married but left his wife to live with his former paramour, Marciana del Basco, in the same house, satisfying the elements of being married and cohabiting with another woman. The court ruled Pitoc guilty of concubinage, defining cohabiting as living together as husband and wife though not legally married or living together in the same house while claiming to be married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    529 views2 pages

    People Vs Pitoc

    Uploaded by

    Divina Gracia Hinlo
    The document summarizes the elements of the crime of concubinage under Article 334 and applies it to the case of People vs Pitoc. It finds that Pitoc was married but left his wife to live with his former paramour, Marciana del Basco, in the same house, satisfying the elements of being married and cohabiting with another woman. The court ruled Pitoc guilty of concubinage, defining cohabiting as living together as husband and wife though not legally married or living together in the same house while claiming to be married.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    Article 334- Concubinage

    Elements:

    (1) The man must be married;


    (2) That he committed any of the following acts:
    (a) keeping a mistress in the conjugal dwelling;
    (b) having sexual intercourse under scandalous circumstances with a woman not
    his wife;
    (c) cohabiting with her in any other place;
    (3) That as regards the woman, she must know him to be married.

    Case: People vs Pitoc, 43 Phil 760

    Facts:

    First Element- The man must be married;

    Pedro Pitoc, defendant, was legally married to Petronila Roque in the City of
    Manila on February 21, 1921.

    Second Element-(2) That he committed any of the following acts:


    (c) cohabiting with her in any other place;

    The defendant, Pedro Pitoc and wife, Petronila Roque went together to Calumpit,
    Bulacan, to live. In a short time, he left his wife there and came to Manila, promising to
    return on March 15, twenty-three days after their marriage. He never did return. March
    17, his wife came to Manila where she found the defendant living in the same house
    and under the same roof with his former paramour, Marciana del Basco, staying around
    her store and keeping company with her, under circumstances which strongly tend to
    show that they had resumed their former relations.

    Third Element- That as regards the woman, she must know him to be married.

    It is undisputed that before his marriage to Petronila Roque, the defendant and
    his co-accused were living together for a number of years in illicit relations. 

    Issue:

    Whether or not the appellant is correct in claiming that the evidence was not
    sufficient to prove him guilty of the crime of concubinage, beyond a reasonable doubt,
    and that there was no evidence that the crime was committed "under scandalous
    circumstances."
    Ruling:

    No. Surrounding facts and circumstances, the proof is conclusive that the
    defendant, Pedro Pitoc, did cohabit "with a woman who is not his wife," and that he is
    guilty of the crime charged.

    The word cohabit has many different meanings, each depending upon the sense
    in which it is used. Here, we have a law intended to prohibit a married man from
    keeping a mistress in his dwelling or anywhere else under "scandalous circumstances."
    Hence, the meaning of the word cohabit here must relate and be confined to the
    subject-matter of the law itself. When used in that sense, it should be construed to
    mean "to dwell or live together as husband and wife; to live together as husband and
    wife although not legally married; to live together in the same house, claiming to be
    married; to live together at bed and board." (Corpus Juris, vol. 11, p. 950.)

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