Case Digest (G.R. No. L-10033)
Facts:
The case of Benjamin Bugayong vs. Leonila Ginez revolves around a legal separation petition filed by Benjamin Bugayong against his wife, Leonila Ginez, in the Court of First Instance of Pangasinan. The couple was married on August 27, 1949, in Asingan, Pangasinan, while Bugayong was on furlough from the United States Navy. After their marriage, they initially lived with Bugayong's sisters. However, upon his return to duty, they agreed that Leonila would stay with his sisters, who later relocated to Sampaloc, Manila. In July 1951, Leonila left her sisters' home and informed her husband via letter that she was moving to live with her mother in Asingan, later transferring to Dagupan City to pursue her studies.
During this period, Bugayong received letters from his sister-in-law and anonymous sources alleging Leonila's infidelity, which he did not initially take seriously. However, he later sought advice from a Navy Chaplain regarding a potential legal separation...
Case Digest (G.R. No. L-10033)
Facts:
Marriage and Initial Cohabitation
- Benjamin Bugayong, a serviceman in the U.S. Navy, married Leonila Ginez on August 27, 1949, in Asingan, Pangasinan, while on furlough leave.
- After the marriage, the couple lived with Benjamin's sisters in Asingan. Before returning to duty, Benjamin and Leonila agreed that she would stay with his sisters, who later moved to Sampaloc, Manila.
Separation and Allegations of Infidelity
- In July 1951, Leonila left her sisters-in-law's home and informed Benjamin by letter that she had moved to her mother's house in Asingan, Pangasinan. She later moved to Dagupan City to study.
- Starting in July 1951, Benjamin received letters from his sister-in-law, Valeriana Polangco, and anonymous writers alleging Leonila's infidelity. Benjamin did not act on these initially.
- Leonila allegedly wrote to Benjamin admitting that a man named "Eliong" kissed her, but Benjamin destroyed the letter.
Reconciliation Attempt and Subsequent Separation
- In October 1951, Benjamin sought advice from a Navy Chaplain about legal separation due to Leonila's alleged infidelity. He was directed to consult the Navy legal department.
- In August 1952, Benjamin visited Asingan and found Leonila at her godmother's house. They stayed together for two nights and one day as husband and wife at his cousin Pedro Bugayong's house and later at his own house.
- During this time, Benjamin questioned Leonila about her alleged infidelity, but she left without answering, which Benjamin interpreted as confirmation of her guilt.
- Despite this, Benjamin tried to locate her but failed and later went to Bacarra, Ilocos Norte, to "soothe his wounded feelings."
Legal Proceedings
- On November 18, 1952, Benjamin filed a complaint for legal separation in the Court of First Instance of Pangasinan, alleging Leonila's "acts of rank infidelity amounting to adultery."
- Leonila denied the allegations and raised affirmative defenses. The court set the case for hearing on June 9, 1953.
- After Benjamin testified, Leonila's counsel moved to dismiss the complaint, arguing that (1) the cause of action was barred by the statute of limitations, (2) the alleged acts were condoned, and (3) the complaint failed to state a cause of action.
- The court dismissed the case based on condonation, and Benjamin's motion for reconsideration was denied. The case was appealed to the Court of Appeals, which certified it to the Supreme Court due to purely legal questions.
Issue:
- Whether the lower court erred in dismissing the case prematurely.
- Whether the lower court erred in finding that there was condonation of the alleged acts of infidelity.
- Whether the lower court erred in entertaining condonation as a ground for dismissal when it was not raised in the answer or a motion to dismiss.
Ruling:
The Supreme Court affirmed the lower court's dismissal of the case, holding that Benjamin's conduct constituted condonation of Leonila's alleged infidelity. The Court ruled that:
- The lower court did not err in dismissing the case based on condonation.
- Benjamin's actions, including cohabiting with Leonila after learning of her alleged infidelity, amounted to condonation.
- The lower court did not err in considering condonation as a ground for dismissal, as it was raised in the motion to dismiss and supplemented the issues based on Benjamin's testimony.
Ratio:
- Condonation as a Bar to Legal Separation: Under Article 100 of the Civil Code, legal separation can only be claimed by the innocent spouse if there has been no condonation of the alleged offense. Condonation is the forgiveness of a marital offense, either express or implied.
- Implied Condonation: The Court held that Benjamin's actions—living with Leonila as husband and wife for two nights after learning of her alleged infidelity—constituted implied condonation. This conduct demonstrated forgiveness and reconciliation, barring his claim for legal separation.
- Presumption of Condonation: The Court cited American jurisprudence, which holds that a single act of marital intercourse or cohabitation after knowledge of infidelity is sufficient to presume condonation, especially against the husband.
- Procedural Validity of Condonation as a Ground for Dismissal: The Court ruled that the lower court properly considered condonation as a ground for dismissal, even though it was not raised in the answer, because it was raised in the motion to dismiss and was supported by Benjamin's testimony.