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    Maquilan vs. Maquilan

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    Ethan Kurby
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    Maquilan vs. Maquilan

    Uploaded by

    Ethan Kurby
    18 views1 page
    pp

    Original Title

    98. Maquilan vs. Maquilan

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    pp

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    Download as docx, pdf, or txt
    18 views1 page

    Maquilan vs. Maquilan

    Uploaded by

    Ethan Kurby
    pp

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    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    GR NO. 155409, June 8,2007.

    MAQUILAN vs. MAQUILAN


    FACTS:

    Herein petitioner and herein private respondent are spouses who once had a blissful married life and
    out of which were blessed to have a son. However, their once sugar coated romance turned bitter when
    petitioner discovered that private respondent was having illicit sexual affair with her paramour, which
    thus, prompted the petitioner to file a case of adultery against private respondent and the latter's
    paramour. Consequently, both accused were convicted of the crime charged.

    Thereafter, private respondent, through counsel, filed a Petition for Declaration of Nullity of Marriage,
    Dissolution and Liquidation of Conjugal Partnership of Gains and Damages imputing psychological
    incapacity on the part of the petitioner. During the pre-trial of the said case, petitioner and private
    respondent entered into a COMPROMISE AGREEMENT.

    Subsequently, petitioner filed a motion for the repudiation of the AGREEMENT. This motion was
    denied. Petitioner then filed a Petition for Certiorari and Prohibition with the Court of Appeals on the
    ground that the convictions of the respondent of the crime of adultery disqualify her from sharing in
    the conjugal property. The Petition was dismissed.

    ISSUE:

    Is the conviction of the respondent of the crime of adultery a disqualification for her to share in the
    conjugal property?

    RULING:

    No. The conviction of adultery does not carry the accessory of civil interdiction. Article 34 of the Revised
    Penal Code provides for the consequences of civil interdiction:

    Art. 34. Civil Interdiction. — Civil interdiction shall deprive the offender during the time of his sentence
    of the rights of parental authority, or guardianship, either as to the person or property of any ward, of
    marital authority, of the right to manage his property and of the right to dispose of such property by
    any act or any conveyance inter vivos.

    Under Article 333 of the same Code, the penalty for adultery is prision correccional in its medium and
    maximum periods. Article 333 should be read with Article 43 of the same Code. The latter provides:

    Art. 43. Prision correccional — its accessory penalties. — The penalty of prision correccional shall carry
    with it that of suspension from public office, from the right to follow a profession or calling, and that of
    perpetual special disqualification from the right of suffrage, if the duration of said imprisonment shall
    exceed eighteen months. The offender shall suffer the disqualification provided in this article although
    pardoned as to the principal penalty, unless the same shall have been expressly remitted in the pardon.

    It is clear, therefore, and as correctly held by the CA that the crime of adultery does not carry the
    accessory penalty of civil interdiction which deprives the person of the rights to manage her property
    and to dispose of such property inter vivos.

    CASUPANG SHERWIN LAMPUYAS 1-E CRIMINAL LAW 1

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