G.R. No. 47756 - Ocampo vs. People

Case Summary (G.R. No. 47756)

Factual Background

In 1937 petitioner Luis Ocampo and his coaccused Igmedia Refe commenced an illicit association. In September 1937 they went to Naga, Camarines Sur, where they dwelt together as husband and wife in the same house and were observed attending shows and dances together. In October 1937 they visited Tiwi, Albay, for thermal baths on two occasions. On the first visit they stayed three days; on the second visit they stayed four days. During each stay they lodged in the house of Alfonsa Toledo, occupied a single room, and slept together alone.

Charge and Trial Court Judgment

Petitioner was charged with one count of concubinage in the Court of First Instance of Albay. The trial court found petitioner guilty and imposed an indeterminate penalty of from six months of arresto mayor to two years, eleven months and ten days of prison correctional, together with the legal accessories. The trial court construed a letter introduced as Exhibit 2 and found it did not constitute consent or condonation.

Evidence and Appellate Proceedings

The prosecution offered proofs of the sustained domestic association in Naga and Tiwi, the public manifestations of their relationship, and their exclusive lodging together. The Court of Appeals affirmed the conviction, leaving the trial court’s factual findings undisturbed.

Legal Issue Presented

The principal legal question was whether the proved facts established concubinage under the third manner listed in article 334, Revised Penal Code — namely, cohabiting with such woman in any other place. A subsidiary question was whether a letter sent by the complainant in June 1937 constituted consent or condonation under the second paragraph of article 344, Revised Penal Code.

Definition and Standard of Cohabitation

The Court reviewed the meaning of cohabit as to "dwell together, in the manner of husband and wife, for some period of time," distinguishing such dwelling from occasional or transient interviews for unlawful intercourse. The Court cited People vs. Pitoc, 43 Phil., 758, and noted authority that whether an association amounted to an unlawful assumption of the conjugal relation was a question of fact, and that the extent of association constituting cohabitation was a matter for the court’s appreciation.

Petitioner's Claim of Condonation

Petitioner contended that Exhibit 2, a letter sent to him by the complainant in late June 1937, manifested consent to his illicit relations and therefore operated as condonation under the second paragraph of article 344, Revised Penal Code. The trial court construed the letter and found it did not constitute consent or condonation. That factual finding was not reversed by the Court of Appeals.

Court’s Reasoning and Holding

The Supreme Court held that the petitioner’s conduct exceeded isolated interviews for unlawful intercourse and constituted coha

Case Syllabus (G.R. No. 47756)

Parties and Procedural Posture

Luis Ocampo was the petitioner convicted of concubinage in the Court of First Instance of Albay.
The People of the Philippines was the respondent prosecuting the offense.
The trial court found Luis Ocampo guilty and imposed an indeterminate penalty from six months of arresto mayor to two years, eleven months, and ten days of prison correctional, plus the accessories of the law.
The Court of Appeals affirmed the conviction of Luis Ocampo.
The decision was reported by Moran, J., as the ponente at the Court of Appeals level and presented for further review in this decision.

Key Facts

The illicit relations between Luis Ocampo and his coaccused Igmedia Refe began in 1937.
In September 1937, Luis Ocampo and Igmedia Refe went to Naga and dwelt together as husband and wife in the same house.
In October 1937, they visited Tiwi, Albay, where on one visit they stayed three days and on another visit they stayed four days.
During the Tiwi visits they occupied one room in the house of Alfonsa Toledo and slept together and alone in that room.
The pair were often seen together attending shows and dances while in Naga.

Statutory Framework

The Court interpreted article 334 of the Revised Penal Code as defining three alternative modes of committing concubinage.
The three modes under article 334 of the Revised Penal Code are keeping a mistress in the conjugal dwelling, having sexual intercourse under scandalous circumstances with a woman who is not his wife, and cohabiting with such woman in any other place.
The petitioner relied on the second paragraph of article 344 of the Revised Penal Code claiming condonation by the complainant.

Issue

The central legal question was whether the factual association of Luis Ocampo and Igmedia Refe amounted to "cohabiting" within the meaning of article 334 of the Revised Penal Code.
The subsidiary factual question was whether the letter (Exhibit 2) from the complainant constituted consent or condonation under the second paragraph of a