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    Cases 101 102 Redigested

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    Eloise Coleen Sulla Perez
    The Supreme Court ruled that Benjamin Bugayong condoned Leonila Ginez's alleged infidelity through reconciliation. After learning of the infidelity from his sister-in-law, Bugayong visited Ginez ten months later and spent two nights living with her as husband and wife, implying forgiveness. Any voluntary act of marital intercourse or cohabitation between spouses after knowledge of an offense is considered conclusive evidence of condonation under Philippine and U.S. jurisprudence. Therefore, Bugayong's complaint for legal separation was properly dismissed.

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    Cases 101 102 Redigested

    Uploaded by

    Eloise Coleen Sulla Perez
    13 views2 pages
    The Supreme Court ruled that Benjamin Bugayong condoned Leonila Ginez's alleged infidelity through reconciliation. After learning of the infidelity from his sister-in-law, Bugayong visited Ginez ten months later and spent two nights living with her as husband and wife, implying forgiveness. Any voluntary act of marital intercourse or cohabitation between spouses after knowledge of an offense is considered conclusive evidence of condonation under Philippine and U.S. jurisprudence. Therefore, Bugayong's complaint for legal separation was properly dismissed.

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    Cases-101-102-Redigested

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    The Supreme Court ruled that Benjamin Bugayong condoned Leonila Ginez's alleged infidelity through reconciliation. After learning of the infidelity from his sister-in-law, Bugayong visited Ginez ten months later and spent two nights living with her as husband and wife, implying forgiveness. Any voluntary act of marital intercourse or cohabitation between spouses after knowledge of an offense is considered conclusive evidence of condonation under Philippine and U.S. jurisprudence. Therefore, Bugayong's complaint for legal separation was properly dismissed.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    13 views2 pages

    Cases 101 102 Redigested

    Uploaded by

    Eloise Coleen Sulla Perez
    The Supreme Court ruled that Benjamin Bugayong condoned Leonila Ginez's alleged infidelity through reconciliation. After learning of the infidelity from his sister-in-law, Bugayong visited Ginez ten months later and spent two nights living with her as husband and wife, implying forgiveness. Any voluntary act of marital intercourse or cohabitation between spouses after knowledge of an offense is considered conclusive evidence of condonation under Philippine and U.S. jurisprudence. Therefore, Bugayong's complaint for legal separation was properly dismissed.

    Copyright:

    © All Rights Reserved
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    of 2

    WEE

    CHILDREN - MALTREATMENT OF THE TESTATOR


    101 SEANGIO V. REYES

    PETITIONERS: Dy Yieng Seangio (widow)


    Barbara and Virginia Seangio (children)

    RESPONDENTS: Hon. Amor Reyes, Judge of RTC Br. 21


    Alfredo, Alberto, Elisa, Victor, Alfonso, Shirley, Betty and James Seangio (children)

    TESTATOR: SEGUNDO SEANGIO

    FACTS:
    1. Private respondents filed a petition for the settlement of the intestate estate of Segundo Seangio with a
    prayer to appoint private respondent Elisa as special administrator and guardian ad litem of petitioner Dy
    Yieng Seangio.

    2. Petitioners Dy Yieng, Barbara and Virginia opposed the petition. They contended, among others, that:
    a. Dy Yieng is still very healthy and in full command of her faculties
    b. Virginia is the most competent to serve as administrator because she is a CPA and
    c. Segundo left a holographic will disinheriting one of the private respondents, Alfredo Seangio
    (eldest son).

    3. Petitioners filed for the probate of the said holographic will. Pertinent in the Kasulatan sa Pag-aalis ng
    Mana are the following:
    Inaalisan ko ng mana ang panganay kong anak na si Alfredo Seangio DAHIL:
    i. Siya ay naging lapastangan sa akin
    ii. Isang beses siya nag sasalita ng masama sa harapan ko at kapatid niya na si Virginia
    iii. Sinabi rin ni Alfredo na ako ay nasa ibabaw ngayon ngunit darating ang araw na ako ay nasa
    ilalim at siya ang nasa ibabaw.
    iv. Ginamit ni Alfredo ang aking pangalan para makapangutang ng kuarta sa China Banking
    Corporation na million pesos at hindi nagbayad na nagdulot ng malaking kahihiyan
    v. Pagkuha ni Alfredo at ng kanyang asawa ng mga customer ng Travel Center of the Philippines
    na pinagpawisan ko at ng anak ko si Virginia

    4. Private respondents moved for the dismissal of the probate proceedings on the ground that the will does
    not contain any disposition of the estate because it only contains an act of disinheritance and nothing else.
    They argue that since they are not instituted as heir, there is preterition, which would result to intestacy.

    ISSUE: Whether there was a valid disinheritance.

    RULING: YES. The Kasulatan ng Pag-aalis ng Mana showed Segundo’s intention of excluding his eldest son, Alfredo,
    as an heir to his estate for the reasons he cited therein. In effect, Alfredo was disinherited by Segundo. For
    disinheritance to be valid, the same must be effected through a will wherein the legal cause therefor shall
    be specified. With regard to the reasons for the disinheritance that were stated by Segundo in his
    document, the SC believes that the incidents, taken as a whole, can be considered a form of
    MALTREATMENT of Segundo by his son, Alfredo, and that the matter presents a sufficient cause for the
    disinheritance of a child or descendant. Segundo’s document, although it may initially come across as a mere
    disinheritance instrument, conforms to the formalities of a holographic will prescribed by law. While it does not
    make an affirmative disposition of property, the disinheritance results in the disposition of the property of
    the testator Segundo in favor of those who would succeed in the absence of Alfredo. The Court believes that
    the compulsory heirs in the direct line were not preterited in the will. The mere mention of the name of one of the
    petitioners, Virginia, in the document did not operate to institute her as the universal heir. Her name was included
    plainly as a witness to the altercation between Segundo and his son, Alfredo.
    CHAM
    SPOUSE - EFFECT OF RECONCILIATION
    102 BUGAYONG V. GINEZ

    PETITIONER: Benjamin Bugayong (husband)


    RESPONDENT: Leonila Ginez (wife)

    FACTS:
    1. Benjamin Bugayong married Leonila Ginez in 1949. After their marriage, they lived with the sisters of
    Bugayond in Pangasinan.

    2. After some time, Ginez left the dwelling of her sisters-in-law and went to reside with her mother, from
    which she later moved to Dagupan City to study in a local college there.

    3. Bugayong started receiving letters from his sister-in-law informing him of alleged infidelity of his wife
    with a certain “Eliong.”

    4. Ten months after this knowledge, he went to Pangisanan and visited his wife where they spent 2 nights
    living together as husband and wife. On the 2 nd day of his stay, he verified from his wife about the issue on
    infidelity. Instead of answering his query, Ginez merely packed up and left, which he took as a confirmation
    of the acts of infidelity imputed on her.

    5. Bugayong filed in CFI Pangasinan a complaint for legal separation against his wife. Ginez claimed, among
    others, that assuming arguendo, infidelity was committed, the act charged have been condoned by
    Bugayong. RTC dismissed the complaint. CA affirmed the dismissal.

    ISSUE: Whether the acts of Bugayong constituted reconciliation and condonation.

    RULING: YES. Condonation is the forgiveness of a marital offense constituting a ground for legal separation.

    The act of Bugayong persuading her to come along with him when he visited, and slept there as husband and wife
    for two days – indicate that a reconciliation between them was effected and that there was a condonation of the
    wife by the husband. The reconciliation occurred almost ten months after he came to know of the acts of infidelity
    amounting to adultery.

    Since, then, there was no jurisprudence on the matter, SC relied in US jurisprudence Shackleton vs. Shackleton, it
    has been held that "condonation is implied from sexual intercourse after knowledge of the other infidelity.
    Such acts necessary implied forgiveness. It is entirely consonant with reason and justice that if the wife freely
    consents to sexual intercourse after she has full knowledge of the husband's guilt, her consent should operate as a
    pardon of his wrong."

    Any cohabitation with the guilty party, after the commission of the offense, and with the knowledge or belief on the
    part of the injured party of its commission, will amount to conclusive evidence of condonation; but this
    presumption may be rebutted by evidence.

    Single voluntary act of marital intercourse between the parties ordinarily is sufficient to constitute condonation.

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