Case Summary (G.R. No. 34484)
Background Facts
Fernando Maulit, who has been legally married to Maxima Agcaoili since 1919, abandoned his wife and cohabited with a concubine, Sabina Tabatiag, with whom he fathered a child. This led to Maxima filing charges of concubinage against him, resulting in a conviction and a sentence of imprisonment that was affirmed by the Supreme Court.
Legal Documents and Conditional Pardon
While awaiting imprisonment, Maxima executed an affidavit in which she expressed her forgiveness towards Maulit. She attested to his remorse and requested that authorities grant him a pardon despite his conviction. She emphasized that her decision was made voluntarily and without any coercion.
Legal Issue on Condonation
Despite the pardon granted by Maxima, the authorities maintained that Maulit was still subject to imprisonment. It was argued that under Act No. 1773, concubinage was classified as a public crime that could not be extinguished by condonation. This prompted Maxima to file a petition for a writ of habeas corpus.
Court Ruling on the Writ of Habeas Corpus
The Court of First Instance, presided over by Judge Fermin Mariano, ruled in favor of Maxima's petition. The judge determined that concubinage, unlike the offenses expressly classified as public crimes under Act No. 1773, remains a private offense that could be extinguished through condonation. Consequently, the court ordered the release of both Maulit and his concubine.
Appeals and Legislative Interpretation
The provincial fiscal, representing the provincial governor, appealed the decision, arguing that the close similarity between concubinage and adultery warranted the classification of both as public crimes, thereby making the latter applicable to Maulit’s case. This argument suggested that the legislative intent behind differentiating between adultery and concubinage indicated a shift towards public crime status for all marital infidelities.
Analysis of Criminal Liability
The court observed that while concubinage and adultery share similarities, the Penal Code treats them as distinct offenses, with different penalties. The absence of explicit inclusion of concubinage as a public cri
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Case Overview
- The case involves Fernando Maulit, the petitioner and appellee, facing charges of concubinage against his wife, Maxima Agcaoili, the respondent and appellant.
- The events transpired after Maulit abandoned his wife and began cohabiting with a concubine, leading to a legal prosecution initiated by Agcaoili.
- Maulit was convicted and sentenced by the Court of First Instance of Ilocos Norte, with the sentence later affirmed by the Supreme Court.
Background of the Parties
- Fernando Maulit: Legally married to Maxima Agcaoili since 1919. He abandoned her in 1928 to live with a concubine and fathered a child with her.
- Maxima Agcaoili: The legitimate wife who filed for concubinage against Maulit, resulting in his conviction.
Legal Proceedings
- Maulit was prosecuted for concubinage and sentenced to one year, eight months, and twenty-one days of prision correctional.
- Upon appeal, the Supreme Court upheld the lower court's decision, confirming the sentence.
Affidavit of Pardon
- Agcaoili executed an affidavit on October 9, 1930, expressing her forgiveness towards Maulit, indicating a change in his behavior.
- The affidavit stated that Maulit had repented and resumed his role as a good father and husband.
- Agcaoili’s request