Petitioner
Jose De Ocampo
Respondent
Serafina Florenciano
Citation
G.R. No. L-13553
Court
Supreme Court
Division
En Banc
Ponente
Bengzon, J.
Decided
February 23, 1960

Summary

This landmark case involved Jose de Ocampo's petition for legal separation against his wife Serafina for adultery. The Supreme Court reversed lower court dismissals and granted the separation, establishing important precedents on Articles 100-102 of the Civil Code. The Court held that while the husband's right to claim separation for the first adultery had prescribed under the one-year limitation, the second adultery provided valid grounds. Significantly, the Court clarified that Article 101's prohibition against confession of judgment applies only to formal court confessions, not out-of-court admissions. The decision emphasized that independent evidence of adultery, absent actual collusion between spouses, supports granting legal separation even when the defendant admits the offense and desires separation.

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By the Intellegal Editorial Board · February 23, 1960

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