Legal separation theory and cases (offenses defenses_

Give me the case of Munoz V Del Barrio, why is it important in contemplating violence

Facts: Barrio and Munoz had several fights, involving the wife’s neck being twisted, punches to the face and abdomen. 
Issue: Munoz wants a legal separation

Ruling: No, because this wasn’t under the civil code, the only grounds for legal separation being

1) Attempt on life

2) Concubinage or adultery

One Eng Kiam V Ong

Facts: There was physical violence in the marriage, with William shouting at her (Calling her gago, tanga, puntangina mo), pulling her hair, kicking her, etc.

Issue: The wife wants a legal separation

Ruling: Yes, because under the Family code clearly states that repeated episodes of abuse are counted under the grounds for legal seperation

Grandioco V Penaranda

Facts: A spouse who keeps a concubine argues that this legal separation should suspended because of a concubinage case against him launched by the now private respondent

Issue: Should this be suspended?

Ruling: No, because the legal separation is not a question of even civil liabilities; it is done to deal with and settle the incidents of their marriage

People V Zapata

Facts: Zapata (Girl) and Bondoc (Guy) who had multiple affairs with each other, her while married. The husband of the wife wishes to file another

Issue: Is this double jeopardy?

Ruling: No, adultery is an act that starts and is extinguished for each individual count of cheating

Dela Cruz V Dela Cruz

Facts: Dela Cruz and Dela Cruz’s marriage turned sour once the wife found out. The husband absconded away to his office in Bacolod. The wife wants a legal seperation of their property

Issue: What is abandonment even? Does this count?

Ruling: Him absconding from the marital home is not abandonment, because he continued to provide for both his spouse, and his children.

Lapuz Sy v Eufemio

Facts: Carmen Lapuz filed a petition for legal separation against her cheating spouse, Eufemio. She however in a car accident and her father wishes to

Issue: Is the action for legal seperation extinguished?

Ruling: Yes! Because the cause of action for legal separation is based on the separation of the spouses bed and board. Any other effect vis a vis property is merely incidental to this.

Willan V Willan

Facts:  A husband condoned unraesonable sexual acts from a wife who was cruel to him.

Issue: Does this count as condonation?

Ruling: Yes

Ocampo v. Florenciano, 107

Facts: A husband gets cheated on multiple times by his wife. He sends her to study beauty culture in Manila, and she then cheats on him again. In Metro Manila, and she absconds from him

Issue: Did Plaintiff not going to look for his wife in Metro Manila count as condonation?
Ruling: No

A husband is under no legal obligation to hunt down a wife who has abandoned the family home to engage in illicit relationships.

Hence, his failure to bring her back cannot be interpreted as a tacit approval of her continuous sexual escapades. Therefore, his right to sue for her subsequent acts of adultery remains completely intact.

Bugayong v. Ginez

Facts: A US Navy Man married a Filipina woman. He heard rumors that she had cheated on him. Only about a year later did he go back, sought out his wife, and ask “Did you cheat on me” after spending 2 nights and a day together. She absconded away from him,

Issue:
Does this count as implied condonation?

Ruling:

Yes.

The Court ruled that even one act of mutual cohabitation acts as condonation.

Matubis v. Praxedes

Facts: Two spouses created a contract that allowed them to have sex with other people. One of them actually did this and the other one wants a legal seperation on this.

Issue: Does this count as consent, barring the legal seperation?

Ruling: This acts as explicit consent.

People v. Sensano and Ramos

Facts: Sensano and Mariano Ventura had a child. Ventura left his wife and didn’t communicate back for three years. The wife decided to cohabit with another man

Her actual husband filed a case for adultery. After she served the sentence, she begged for him to take her back but he refused.

He then charged her again for adultery, after she went back to her paramour

Issue: Does this act as consent?

Ruling: Yes.

Sargent v. Sargent

Facts: Mr. Sargent accused his wife of committing adultery, and hired multiple agents to search into this. He never actually fired the driver he heard was sleeping with her

Issue: Does this count as condonation?

Ruling: Yes, duh obviously he didn’t fire him, didn’t even protect her. Thus, divorce should not be allowed.

 Contreras v. Macaraig

Facts: Contreras is a secret agent working for Malacanang. His wife hears about his affairs, and confirms it once she see’s photos of the child. She confronts the paramour, and she confirms it and promises to leave him. She confronts him, and he says he won’t leave.

Issue: At what point does the prescription period start?

Ruling: At point of him confirming: I will not stay with you, and I’ve been cheating on you. Because at that point, she confirmed the ground for legal seperation.

It was only on this occasion that Elena must be deemed to be under obligation to decide whether or not to sue for legal separation, and it was only at this point that the legal period of one year must be deemed to have commenced.

What case is Contreras v. Macaraig in conflict with vis a vis when the prescription period starts?

The case of Bugayon v. Matubis, because in that case the prescription period for adultery started when the US Navy Man heard rumors of his wife cheating on him

Laperal v. Republic, 6 SCRA 357 (1962) what is this case’s doctrine

Brown v. Yambao

Facts: William filed for legal separation from Juanita upon learning of her adulterous relations, upon his release from internment. The City Fiscal investigated if collusion exists between parties and found out that William himself also had adulterous relations.

Issue: Is the Fiscal’s act okay, since he is only meant to break collusion?

Ruling: Yes, since him finding out he was cheating, and perhaps may have had a motive to connive to create a ground for legal separation, or collude with his wife. This because he would’ve wanted to continue being with his concubine.

Juliano Llave V Republic Why is this case important?

1) It established that, even without the fiscal being present in this case, there was no collusion. The point is to show there was no collusion; if that's evident, it is okay.

2) It established (as was important later in the case of Fujiki v. Marinay) that a spouse whose partner filed for a subsequent marriage may file for a declaration of nullity of said marriage. Even if they are not “One of the two spouses” they are aggrieved in this situation