Persons and Family Relations B.

Concept of Legal Separation When may petition be filed Socorro Matubis vs Zoilo Praxedes G.R. No. L-11766 October 25, 1960 Paredes, J. FACTS: Matubis and Praxedes were married on January 10, 1943 at Iriga, Camarines Sur. On May 30, 1944, for failure to agree on how they should live as husband and wife, they agreed to live separately from each other. On April 3, 1948, plaintiff and defendant entered into an agreement on their legal separation. Starting January 1955, Praxedes began cohabiting with Asuncion Rebulado, deported themselves as husband and wife in the community; and on September 1, 1955, Asuncion gave birth to Praxedes child. On April 24, 1956, alleging abandonment and concubinage, Matubis, filed with the CFI of Camarines Sur a complaint for Legal Separation and change of surname against Praxedes, who denied the allegations and contended that it was Matubis who left the conjugal home. CFI dismissed the complaint on ground that the action has prescribed, but acknowledged that Praxedes acts constituted concubinage, which is a ground for legal separation. ISSUE: Whether or not the action for filing the petition had already prescribed. RULING: Yes, under Art. 102 of the Civil Code, an action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from and after the date when the cause occurred . Matubis became aware of the illegal cohabitation of her husband with Asuncion Rebulado in January, 1955, but the complaint was filed only on April 24, 1956. The present action was, therefore, filed out of time and for that reason action is barred. Hence, the Supreme Court dismissed the petition and affirmed the lower courts ruling.