Castro, Jr. v. Court of Appeals · G.R. L-22159

Petitioner: Castro, Jr.
Respondent: Court of Appeals
Citation: G.R. No. L-22159
Court: Supreme Court
Decided: July 31, 1968

Criminal prosecution for concubinage against a married man who cohabited with another woman while still legally married

Summary

This Supreme Court case affirmed the criminal conviction for concubinage of Emiliano Castro Jr., who cohabited with Lolita Flojo while still legally married to his wife Flordeliza. The marriage, contracted in 1952, remained undissolved despite their 1954 separation. From 1956-1959, Castro lived openly with Flojo at his former matrimonial home, with documentary evidence including a birth certificate showing Flojo used Castro's surname and bore his child, and SSS forms listing him as her husband. The Supreme Court rejected Castro's defense of spousal condonation, noting the wife's letters calling Flojo his 'querida' and her 1959 legal separation suit based on the illicit relationship. The Court emphasized that factual findings in certiorari proceedings are conclusive, affirming the lower courts' conviction and indeterminate sentence of three months to one year imprisonment.

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

By the Intellegal Editorial Board · July 31, 1968

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