CASE DIGEST OUTLINE

CASE TITLE BENJAMIN BUGAYONG, plaintiff-

appellant,
vs.
LEONILA GINEZ, defendant-appellee.
GR NO. G.R. No. L-10033
DATE OF DECISION December 28, 1956
PONENTE
LEGAL BASIS Article 100 of the Civil code
FACTS
DOCTRINE/S Implied condonation
Benjamin Bugayong, a serviceman in the United States Navy, was married to defendant Leonila Ginez on
August 27, 1949, at Asingan, Pangasinan, while on furlough leave. Immediately after their marriage, the
couple lived with their sisters who later moved to Sampaloc, Manila. After some time, or about July,
1951, Leonila Ginez left the dwelling of her sister-in-law and informed her husband by letter that she
had gone to reside with her mother in Asingan, Pangasinan, from which place she later moved to
Dagupan City to study in a local college there.

As early as July, 1951, Benjamin Bugayong began receiving letters from Valeriana Polangco (plaintiff's
sister-in-law) and some from anonymous writers(which were not produced at the hearing) informing
him of alleged acts of infidelity of his wife which he did not even care to mention. On cross-examination,
plaintiff admitted that his wife also informed him by letter, which she claims to have destroyed, that a
certain "Eliong" kissed her. All

In August, 1952, plaintiff went to Asingan, Pangasinan, and sought for his wife whom he met in the
house of one Mrs. Malalang, defendant's godmother. She came along with him and both proceeded to
the house of Pedro Bugayong, a cousin of the plaintiff-husband, where they stayed and lived for 2 nights
and 1 day as husband and wife. Then they repaired to the plaintiff's house and again passed the night
therein as husband and wife. On the second day, Benjamin Bugayong tried to verify from his wife the
truth of the information he received that she had committed adultery but Leonila, instead of answering
his query, merely packed up and left, which he took as a confirmation of the acts of infidelity imputed on
her. After that and despite such belief, plaintiff exerted efforts to locate her and failing to find her, he
went to Bacarra, Ilocos Norte, "to soothe his wounded feelings".

On November 18, 1952, Benjamin Bugayong filed in the Court of First Instance of Pangasinan a
complaint for legal separation against his wife. The motion to dismiss was predicted on the following
grounds: (1) Assuming arguendo the truth of the allegations of the commission of "acts of rank infidelity
amounting to adultery", the cause of action, if any, is barred by the statute of limitations; (2) That under
the same assumption, the act charged have been condoned by the plaintiff-husband; and (3) That the
complaint failed to state a cause of action sufficient for this court to render a valid judgment.

ISSUE/S

Whether or not having sex with your husband or wife knowing his or her guilt of infidelity constitutes an
act of condonation.

RULING
Yes. In Shackleton vs. Shackleton, 48 N. J. Eq. 364; 21 Atl. 935, it has been held that "condonation is
implied from sexual intercourse after knowledge of the other infidelity. such acts necessary implied
forgiveness. It is entirely consonant with reason and justice that if the wife freely consents to sexual
intercourse after she has full knowledge of the husband's guilt, her consent should operate as a pardon
of his wrong."

It has been held in a long line of decisions of the various supreme courts of the different states of the U.
S. that 'a 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 and cases cited therein).

So under, ART. 100. 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. Where both spouses are
offenders, a legal separation cannot by either of them. Collusion between the parties to obtain legal
separation shall cause the dismissal of the petition.