SUPREME COURT DECISIONS

Search for www.chanrobles.com

PLEASE CLICK HERE FOR THE LATEST ➔ SUPREME COURT DECISIONS

EN BANC

G.R. No. 1229  August 19, 1903

FRANCISCO GALI, complainant-appellant, vs. FAUSTINO SAHAGUN, ET AL.,Defendants-Appellees.

Solicitor General Araneta for appellant.
Patrick J. Moore for appellees.

ARELLANO, C.J.: chanrobles virtual law library

We find the accused guilty. There is not sufficient legal proof of the consent of the husband, for the mere fact that seven months passed without his having filed a complaint for the crime of adultery can not be regarded as such. It was error, therefore, to acquit the defendants, as did the court below in the judgment appealed, which appeal we consider solely in so far as it is presented by the injured husband, the only person entitled to institute proceedings for a crime of this class. We disregard the appeal taken by the fiscal.chanrobles virtual law library

Therefore, taking into consideration the mitigating circumstance of article 11, and the minority of the woman (her age was 16), under article 9, paragraph 2, we condemn Faustino Sahagun to two years and four months of prision correccional, and Jacoba Agcanas to four months and one day of arresto mayor, and to the payment of costs.chanrobles virtual law library

Torres, Cooper, Willard, Mapa, and McDonough, JJ., concur.