G.R. No. 1181 : July 1, 1905

FACTS:
The defendants, Engracio Villafuerte and Eugenia Rabano, were charged with and convicted of the crime of adultery. The complaint was filed by Felix Villa, who alleged that Eugenia Rabano was his lawful wife, that they lived together in the same house, and that the defendant Villafuerte also resided in the same house. It was further alleged that the defendants were caught in the act of sexual intercourse on several occasions. The defendants pleaded not guilty. After conviction, the defendants appealed. The Supreme Court affirmed the conviction. Subsequently, counsel for defendant Engracio Villafuerte filed a motion for a revision of the decision and for a new trial.

ISSUE:
Whether the motion for a revision of the decision and for a new trial should be granted based on the alleged defects in the complaint and the sufficiency of the evidence proving the crime of adultery.

RULING:
The Supreme Court DENIED the motion.

2. On the Presumption of Marriage: The Court applied the presumption under paragraph 28, Section 334 of the Code of Civil Procedure, which states that a man and woman living together as husband and wife are presumed to be legally married. This presumption was bolstered by the testimony that Villa and Rabano were reputed to be married in their community. The defense failed to present sufficient evidence to rebut this legal presumption.

Separate Concurring Opinion (Justice Carson):
Justice Carson concurred, noting that all grounds raised in the motion had already been fully considered and discussed by the Court prior to rendering its decision. Justice Willard concurred with this opinion.

DISPOSITIVE PORTION:
“By virtue of the reasons above stated, we are of the opinion that the motion should be denied with the costs.”