Case Digest for Article 59 of the Family Code: Benjamin Bugayong, Plaintiff v. Leonila Ginez, Defendant G.R. No. L-10033, 28 December 1956

Facts:
On 27 August 1949, Benjamin Bugayong married Leonila Ginez at Asingan, Pangasinan. Before he left to continue his work as a US Navy service, he and Leonila stayed at Sampaloc, Manila with his sisters. By July 1951, Leonila left the dwelling of her sister-in-law and informed her husband she will be with her mother in Asingan, Pangasinan. Later, she went to Dagupan City to study in a local college.

Benjamin has been receiving letters since July 1951 that Leonila is having an affair with another man, a certain ‘Eliong’.

In August 1952, Benjamin returned to the Philippines, went to Pangasinan and sought for his wife whom he met in the house of Leonila’s godmother. They lived again as husband and wife and stayed in the house of Pedro Bugayong, cousin of the plaintiff-husband. On the second day, he tried to verify from his wife the truth of the information he received but instead of answering, Leonila packed up and left him which Benjamin concluded as a confirmation of the acts of infidelity. After he tried to locate her and upon failing he went to Ilocos Norte. Benjamin filed in the Court of the First Instance (CFI) of Pangasinan a complaint for legal separation against Leonila, who timely filed an answer vehemently denying the averments of the complaint.

Issue:
Whether or not the acts charged in line with the truth of allegations of the commission of acts of infidelity amounting to adultery have been condoned by the plaintiff-husband.

Held:
Granting that infidelities amounting to adultery were commited by the wife, the act of the husband in persuading her to come along with him and the fact that she went with him and together they slept as husband and wife deprives him as the alleged offended spouse of any action for legal separation against the offending wife because his said conduct comes within the restriction of Article 100 of Civil Code.

Condonation is the conditional forgiveness or remission, by a husband or wife of a matrimonial offense which the latter has committed.

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