G.R. No. L-1056, December 8, 1903
AGUEDA BENEDICTO, plaintiff-appellee, vs. ESTEBAN DE LA RAMA, defendant-appellant.

FACTS:
Agueda Benedicto filed an action for divorce against Esteban de la Rama on October 29, 1901, on the grounds of abandonment and adultery. The defendant, in his answer, denied the allegations of adultery, charged the plaintiff with adultery, and counterclaimed for a divorce. The Court of First Instance rendered judgment on July 5, 1902, in favor of the plaintiff, granting her a divorce and awarding her 81,042.76 pesos as her share of the conjugal property. The defendant appealed, contending that the evidence did not justify the findings of fact.

ISSUE:
1. Whether the Courts of First Instance had jurisdiction over divorce cases at the time, and if so, upon what law such jurisdiction was based.
2. Whether the evidence sufficiently established the plaintiff’s grounds for divorce, considering the defendant’s defense of condonation.

RULING:

2. On the Merits and Condonation: Even assuming jurisdiction, the Supreme Court examined the evidence and found it insufficient to support the judgment for the plaintiff. The Court held that the defendant had successfully proven the defense of condonation. The evidence showed that after the plaintiff’s alleged act of adultery, the defendant took her to her parents’ house, where they lived together as husband and wife for several days, occupying the same room and bed, and resuming marital relations. Under the applicable principles, a condoned offense cannot serve as a ground for divorce. Since the plaintiff’s adultery was condoned, it could not be used as a basis for her divorce action, nor could it be set up as a recrimination against the defendant’s claim.

DISPOSITIVE PORTION:
The judgment of the Court of First Instance was reversed, and the complaint was dismissed. The defendant’s counterclaim was also dismissed. No costs were awarded.