Professional Documents
Culture Documents
24 Sep 1942
24 Oct 1942
quarreled frequently
husband allegedly
maltreated wife by deed
1947
Also in
Sep 1951
26 Oct 1951
Felicidad filed petition alleging Jose hadmade several attempts on her life, which compelled livingseparately; and Jose has not provided support
for children
o
Post expenses conjugal prop., dividedinto equal parts to Felicidad and Jose;dissolve, liquidate conjug. prop.
12 Nov. 1951
Jose answered petition, should bedismissed, lac of merit: contrary to moral and goodcustomes; not authorized/sanctioned by statue
Felicidad appealed
Petitioners ev
idence/testimonies
But, saw Felicidad crying; scratches on brow,cheeks; parts of neck were blackened(ecchymosis)
Atty. Macias: Jose boxed Felicidad in abdomen,pulled her hair, twisted her neck
In an action for legal separation or annulment of marriage,attorney's fees and expenses for litigation shall be charged to theconjugal
partnership property, unless the action fails.
A petition for legal separation may be filed:(1) For adultery on the part of the wife and for concubinage on thepart of the husband as defined in
the Penal Code; or
(2) An attempt by one spouse against the life of the other.
(n)
Issues:
1.
NO.
NOTE: to try the case under Art. 97 of the CivilCode, the court just considered the beatings tohave allegedly occurred in Dec 1950 or Jan
1951
US v. Reyes
: [a] personal assault must be
punished according to its consequences and theharm done to the victim, for the penal law in thisclass of crimes is only concerned with
thematerial results produced by the transgression,unless the perverse intention of taking the
victims life be clearly manifested
.
In the case, Jose only used his (1) bare fists; (2)desisted from further chastisement after thespur of impulse
intent to kill has not beenestablished clearly and convincingly (even underless stringent condition of preponderance of evidence, for Civil Cases)
Court notes: Felicidad had not filed to have Josecriminally charged w/ attempted parricide(showing perhaps that Felicidad may also havebeen
unsure about her evidence)
Opinions:
No separate opinions.
Decision:
Decision of the trial court in conformity with the law andthe evidence of record
affirmed.
Principles:
Legal Separation
Grounds