Francisco v. Tayao · G.R. 26435

Petitioner: Francisco
Respondent: Tayao
Citation: G.R. No. 26435
Court: Supreme Court
Decided: March 4, 1927

Whether wife can secure divorce from husband based on his conviction for adultery rather than concubinage

Summary

This 1927 Supreme Court case involved a wife's petition to divorce her husband based on his criminal conviction for adultery. The husband had been convicted of adultery with a married woman in Zamboanga. The Supreme Court affirmed the lower court's denial, holding that under the Philippine Divorce Law (Act No. 2710), divorce can only be granted for adultery by the wife or concubinage by the husband. Since the husband was convicted of adultery rather than concubinage, and the adultery prosecution was initiated by the injured husband rather than the aggrieved wife (as required for concubinage cases), the legal grounds for divorce were not satisfied. The Court emphasized it could not judicially amend the statute or create additional grounds for divorce beyond those explicitly provided by law.

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Featured in research

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Adultery and Concubinage in the Philippines (RPC Arts. 333-334)

By the Intellegal Editorial Board · March 4, 1927

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