4 When she had finished studying her course she left her husband and since then

4 when she had finished studying her course she left

This preview shows page 140 - 142 out of 149 pages.

4.When she had finished studying her course, she left her husband and since then they had lived separately. 5.Second adultery: Jose I caught Serafina in the act of having illicit relations with Nelson. Jose I signified his intention of filing legal separation, to which she manifested her conformity provided she is not charged with adultery. 6. July 5, 1955: Jose I filed a complaint for legal separation on the ground of adultery.Issue: Will this complaint prosper? (Procedural) Held: YES. Ruling: I.CA did not find collusion. ÆSC Agrees. Collusion, if not express, may be implied from the acts of the parties. In this case, if the parties had arranged to make it appear that a matrimonial offense had been committed although it was not, or if the parties had connived to bring about a legal separation even in the absence of grounds.Here, the offense of adultery had really taken place, according to the evidence. Also, collusion may not be inferredfrom the mere fact that the guilty party confessesto the offense and thus enables the other party to procure evidence necessary to prove it. (related to minor point number 2) II.There was no condonation or consent. Just because he failed to search for her and take her home, does not constitute condonation or consent. It was not his duty. Hers was the obligation to return. She was the one who abandoned him. MINOR: / CA held that Legal Separation could not be decreedbecause Serafina agreed readily to such filing when Jose I expressed his wish to file a petition for legal separation (2ndadultery). The court expressed this as confession of judgment. Art. 101 prohibits a decree of separation upon confession of judgment. ÆSC does not agree. Confession of judgment happens: 1.Defendant appears in court and confesses the right of plaintiff to judgment. 2.Defendant files a pleading expressly agreeing to the plaintiff’s demand.This did not occur. / CA held that the Jose I’s right to legal separation on account of Serafina’s adultery with Jose II had prescribed, because his action was not filed within one year when plaintiff discovered her infidelity. (Art. 102, New Civil Code) ÆSC Agrees. Concept: Condonation the conditional forgiveness or remission, by a husband or wife, of a matrimonial offense, which the other has committed. Consent the agreement or conformity in advance of the commission of the act Collusion agreement to commit, to appear to commit, to be represented in court as having committed, a matrimonial offense, or to suppress evidence as a valid defense to obtain legal separation 197: Somosa-Ramos vs. Vamenta, Jr.(₠)May 16, 1951 Padilla *cool-off exempt property management Facts: 1.Petitioner, Lucy Somosa, filed for legal separation against Clemente Ramos for concubinage and and attempt against her life. 2.By virtue of Art. 103 of the Civil Code, the motion for preliminary mandatory injunction by the petitioner on her property was
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CONEJOS HAULO AMPONG LAYLO CHAVEZ Pilapil CELLES LAW(ATTY. LEGARDA) 141denied.
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