G.R. No. 1181 : April 27, 1905

FACTS:
On April 26, 1902, Felix Villa filed a complaint charging his wife, Eugenia Rabano, and Engracio Villafuerte with the crime of adultery. The evidence established that Villafuerte frequently visited Villa’s house during the latter’s absences and eventually moved in three weeks before April 20, 1902. On the evening of April 20, Villa and a witness surprised the defendants lying together in Villa’s house. On another night, Villa and police witnesses observed the defendants lying together inside a storehouse on Villafuerte’s property. A ten-year-old witness, Maria Origenes, who lived in Villa’s house, testified that she saw the defendants engaged in carnal intercourse on an occasion when Villa was absent. The defendants pleaded not guilty, and no marriage certificate was formally presented in the record.

ISSUE:
Whether the defendants are guilty of the crime of adultery under Article 433 of the Penal Code, despite the absence of a formal marriage certificate and their plea of not guilty.

RULING:
Yes, the defendants are guilty of adultery. The Supreme Court affirmed the judgment of the lower court.

The Court held that the facts, as proven by the testimony of multiple witnesses, constituted all the elements of adultery. While no marriage certificate was presented, the record contained sufficient and complete proof that Eugenia Rabano was the lawful wife of complainant Felix Villa. This was affirmed not only by prosecution witnesses but also by defense witnesses, and the defendants themselves never denied the marital relationship during the trial. The Court applied the presumption of marriage from cohabitation and reputation, noting that if the relationship were merely concubinage, the defendants would have asserted so in their defense. Their silence reinforced the conclusion of their guilt.

No aggravating or mitigating circumstances attended the commission of the crime. Accordingly, the penalty was imposed in its medium degree. The defendants were sentenced to three years, six months, and twenty-one days of prision correccional, and to pay the costs proportionately. They were exempted from subsidiary imprisonment in case of insolvency for the costs.