Matubis v. Praxedes, G.R. No. L-11766, October 25, 1960

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Summary: Matubis and Praxedes got married on January 10, 1943. On May 30, 1944, they agreed to live separately; and on April 3, 1948, both entered into an agreement which provides, among others, that neither “of us can prosecute the other for adultery or concubinage or any other crime or suit arising from our separation.”

Plaintiff Matubis discovered that Defendant Praxedes was cohabiting with another woman sometime in January 1955. On April 24, 1956, She instituted a complaint against her husband with the CFI Camarines Sur for legal separation and changed of surname.

CFI dismissed the case, and the SC affirmed the decision for two reasons: (1) the complaint was filed out of time (2) The agreement mentioned above is an unbridled license she gave her husband to commit concubinage. Having consented to the concubinage, the plaintiff cannot claim legal separation.

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Ponente: PAREDES, J.

Facts:

Matubis and Praxedes got married on January 10, 1943.

On May 30, 1944, they agreed to live separately; and on April 3, 1948, both entered into an agreement, which provides, among others:

(a) That both of us relinquish our right over the other as legal husband and wife.

(b) That both without any interference by any of us, nor either of us can prosecute the other for adultery or concubinage or any other crime or suit arising from our separation.

(c) That I, the, wife, is no longer entitled for any support from my husband or any benefits he may received thereafter, nor I the husband is not entitled for anything from my wife.

(d) That neither of us can claim anything from the other from the time we verbally separated, that is from May 30, 1944 to the present when we made our verbal separation into writing.

In January 1955, defendant began cohabiting with one Asuncion Rebulado. Plaintiff came to know about this, but decided to file a complaint only on April 24, 1956.

She instituted a complaint with the CFI Camarines Sur for legal separation and changed of surname against her husband. CFI dismissed the case, hence this petition.

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Issue: WON plaintiff can claim legal separation.

Held: No.

(1) The complaint was filed out of time Article 102 of the new Civil Code provides:

An action for legal separation cannot be filed except within one year from and after the date on which the plaintiff became cognizant of the cause and within five years from after the date when cause occurred.

The complaint was filed outside the periods provided for by the above Article. By the very admission of plaintiff, she came to know the ground for the legal separation (concubinage) in January 1955. She instituted the complaint only on April 24, 1956.

(2) The agreement mentioned above is an unbridled license she gave her husband to commit concubinage. Having consented to the concubinage, the plaintiff cannot claim legal separation.

Article 100 of the new Civil Code provides that 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.

DECISION: The decision appealed from CFI is hereby affirmed, with costs.

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