GR L 10902; (March, 1916) (Digest)

G.R. No. L-10902; March 28, 1916
SERAPIA DE JESUS, plaintiff-appellee, vs. PABLO PALMA, defendant-appellant.

FACTS:
Serapia de Jesus filed a complaint for divorce against her husband, Pablo Palma, in the Court of First Instance of Pampanga. She alleged that they were married in 1885, lived together until 1900 when she separated from him due to his adultery with Leonora Pabustan since 1896, which produced three children and caused her continual ill-treatment. She claimed that during the marriage, community property worth approximately P80,000 was accumulated and was in danger of loss while under her husband’s possession. She prayed for divorce, separation of property, custody of minor children, alimony, and the appointment of a receiver. Palma denied the allegations, asserted that all property was his private inheritance, and counterclaimed that his wife had committed adultery with other men, leading to her abandonment of the conjugal home. The trial court granted the divorce, ordered separation of property, and appointed commissioners to liquidate and partition the community property. The commissioners’ report, which included valuing the husband’s inherited property and treating the increase in its value as community property, was approved by the court. Palma appealed both the divorce judgment and the property settlement.

ISSUE:
1. Whether the plaintiff is entitled to a decree of divorce and separation of property based on the husband’s adultery/concubinage.
2. Whether the trial court correctly approved the commissioners’ liquidation and partition of the property, including treating the appreciation in value of the husband’s inherited property as community property.

RULING:
The Supreme Court AFFIRMED the appealed judgments.
1. On the Divorce and Separation of Property: The Court held that the husband’s adultery, qualified in law as concubinage when committed with a woman other than his wife in contempt of the latter, is a legal and sufficient ground for the offended wife to demand divorce. The evidence duly proved that Pablo Palma lived in concubinage with Leonora Pabustan in the conjugal home, had children by her, and thereby showed notorious contempt for his lawful wife. The record did not sufficiently prove the wife’s alleged adultery. The granted divorce results in the suspension of common conjugal life and separation of property, but does not dissolve the marital bond.
2. On the Property Settlement: The Court found no error in the trial court’s approval of the commissioners’ inventory, liquidation, and division. The judgment which treated the difference between the original and present value of the husband’s inherited private property as community property, with one-half belonging to the wife, was in accordance with law and the evidence. The assigned errors by the appellant were refuted.

Johnson, Moreland, Trent, and Araullo, JJ., concur.