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Case Number/Dat E Parties Facts Issue Decision Legal Basis Ponente
Case Number/Dat E Parties Facts Issue Decision Legal Basis Ponente
NUMBER/DAT
E
BENJAMIN Benjamin Whether Single ART. 100. The FELIX, J.
BUGAYONG, Bugayong, the sleeping with voluntary act legal
plaintiff- husband while his wife even of marital separation
appellant, working in the after learning intercourse may be
vs. US Navy about her between the claimed only
G.R. No. L- LEONILA learned from infidelity parties by the
10033 GINEZ, his sister in constitutes ordinarily is innocent
December 28, defendant- law that his condonation. sufficient to spouse,
1956 appellee. wife, Leonila constitute provided there
Gilez herein condonation, has been no
appellee, and where the condonation of
Florencio committed parties live in or consent to
Dumapias for acts of the same the adultery or
appellant. infidelity. house, it is concubinage.
Numeriano Upon presumed that Where both
Tanopo, Jr. for returning, he they live on spouses are
appellee. slept with his terms of offenders, a
wife but after matrimonial legal
asking her if cohabitation; separation
she really had hence legal cannot by
an affair, she separation either of them.
left him. So, was not Collusion
he filed a case granted to between the
of legal Benjamin parties to
separation Bugayong obtain legal
against his separation
wife but his shall cause the
wife denied his dismissal of
allegations. the petition.
Now, his wife’s
lawyer filed a
motion to
dismiss the
case because
the fact that
he slept with
him wife even
after learning
about her
infidelity
means he
condoned her
acts.