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    Bugayong vs. Ginez

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    John Lester Tan
    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, claiming she had an affair. However, the court found that after Bugayong was informed of the alleged affair, he persuaded Ginez to accompany him and they slept together as husband and wife for two nights. This act of sleeping together constituted condonation, meaning conditional forgiveness, of any offenses by Ginez. The court affirmed the lower court's dismissal of the case, finding that by condoning the alleged affair, Bugayong could no longer claim legal separation on grounds of adultery.

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    Bugayong vs. Ginez

    Uploaded by

    John Lester Tan
    119 views2 pages
    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, claiming she had an affair. However, the court found that after Bugayong was informed of the alleged affair, he persuaded Ginez to accompany him and they slept together as husband and wife for two nights. This act of sleeping together constituted condonation, meaning conditional forgiveness, of any offenses by Ginez. The court affirmed the lower court's dismissal of the case, finding that by condoning the alleged affair, Bugayong could no longer claim legal separation on grounds of adultery.

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    Case Digest

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    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, claiming she had an affair. However, the court found that after Bugayong was informed of the alleged affair, he persuaded Ginez to accompany him and they slept together as husband and wife for two nights. This act of sleeping together constituted condonation, meaning conditional forgiveness, of any offenses by Ginez. The court affirmed the lower court's dismissal of the case, finding that by condoning the alleged affair, Bugayong could no longer claim legal separation on grounds of adultery.

    Copyright:

    © All Rights Reserved
    Download as RTF, PDF, TXT or read online from Scribd
    Download as rtf, pdf, or txt
    119 views2 pages

    Bugayong vs. Ginez

    Uploaded by

    John Lester Tan
    Benjamin Bugayong filed for legal separation from his wife Leonila Ginez, claiming she had an affair. However, the court found that after Bugayong was informed of the alleged affair, he persuaded Ginez to accompany him and they slept together as husband and wife for two nights. This act of sleeping together constituted condonation, meaning conditional forgiveness, of any offenses by Ginez. The court affirmed the lower court's dismissal of the case, finding that by condoning the alleged affair, Bugayong could no longer claim legal separation on grounds of adultery.

    Copyright:

    © All Rights Reserved
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    of 2

    Legal Separation

    BENJAMIN BUGAYONG, plaintiff-appellant,


    vs.
    LEONILA GINEZ, defendant-appellee

    FACTS:
    Plaintiff-appellant Benjamin Bugayong, a serviceman in US was married to Defendant
    Leonila Ginez in August 27, 1949 at Asingan, Pangasinan.

    In July 1951, Leonila Ginez resided in Daguan City to study in a local college.
    In the same year, Bugayong received an information that Ginez had a relationship with
    one "eliong' which she denied saying "Eliong" only kissed her.

    in august 1952, plaintiff went to see his wife. She came along with him and proceeded
    in the house of the plaintiff's cousin. In their stay for 2 nights and 1 day, they slept
    together as husband and wife. On the second day, Bugayong asked the Ginez if
    accusation about her infidelity was true, However, Ginez did not answer and packed her
    things instead then left. Bugayong assumed that her reaction as a confiramtion of the
    acts of infidelity by Ginez that prompted Bugayong to file legal separation befor CFI of
    Pangasinan.
    Defendant Ginez filed a motion to dismiss on the ground of Condonation (conditional
    forgiveness or remission, by a husband or wife of a matrimonial offense which the latter
    has committed)
    CFI granted the petition to dismiss.
    Plaintiff appealled to CA asserting that CFI erred in assuming that there was a
    condonation between him and his wife.

    ISSUE:
    Whether or not the acts of the plaintiff in sleeping with wife constitute to Condonation/

    RULING:

    The Court of Appealls held that there is no merit in the contention of appellant that the
    lower court erred in entertaining condonation as a ground for dismissal inasmuch as
    same was not raised in the answer or in a motion to dismiss.
    Art. 100 it says:
    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, legal separation cannot be claimed by either of them. Collusion between
    the parties to obtain legal separation shall cause the dismissal of the petition.

    In the cross-examination, clearly shows that there was a condonation on the part of the
    husband for the supposed "acts of rank infidelity amounting to adultery" committed by
    defendant-wife. Bugayong only alleged the information of Ginez' infidelity and so there
    was no reason that Bugayong can file Legal separation.

    The act of Bugayong in persuading her to come along with him, and the fact that she
    went with him and consented to be brought to the house of his cousin and together
    they slept there as husband and wife for one day and one night, and the further fact
    that in the second night they again slept together in their house likewise as husband
    and wife — all these facts have no other meaning in the opinion of this court than that
    a reconciliation between them was effected and that there was a condonation of the
    wife by the husband.
    Wherefore, and on the strength of the foregoing, the order appealed from is hereby
    affirmed, with costs against appellant.

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