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

Supreme Court of the Philippines
4 Phil. 476
G.R. No. 1181, April 27, 1905

THE UNITED STATES, COMPLAINANT AND APPELLEE, VS.
ENGRACIO VILLAFUERTE AND EUGENIA RABANO, DEFENDANTS
AND APPELLANTS.
DECISION
TORRES, J.:
By virtue of a complaint filed by Felix Villa, on April 26, 1902,
charging his wife, Eugenia Rabano, and Engracio Villafuerte with
the crime of adultery, this case was brought against the defendants
as principals in said crime.
From the record it appears fully proven by the testimony of three
witnesses that Engracio Villafuerte frequented the house of the
complainant, Felix Villa, usually at a time when the latter was
absent from his house. That Villafuerte left his mother's house and
went to live at the house of the offended party three weeks before
April 20 of last year. That on the latter day and at a late hour in the
evening the two defendants were surprised and seen at a time when
they were lying together in the complainant's own house, and then
the husband and the witness who accompanied him, having learned
what was happening in the interior of the house of the former, went
and whipped his wife. That because of information one night, the
husband and the witness Basilio Navela, a member of the police
force in the town of Lucena, and one other, saw the two defendants
one night in Villafuerte's house and from the outside they saw that
the defendants were lying together in the interior of the room,
inside of a storehouse, and on the following morning when Eugenia
Rabano came out she was arrested by them and taken to the police
station.
The witness Maria Origenes, a child 10 years old, who lived in the
house of the complainant, states that on a certain occasion, while
the complainant was absent from the house, she saw both
defendants, whom she called "sweethearts," in the act of carnal
intercourse.
The above-stated facts, fully proven in this case, are clothed with all
the characteristics of the crime of adultery provided for and
punished in article 433 of the Penal Code, with the penalty of
prision correccional in its medium to its maximum degree. The
guilt of the two defendants appears sufficiently established in this
case as principals in the commission of said crime. Notwithstanding
the fact that the defendants pleaded not guilty of the crime charged
against them and that no certificate appears in the record of the case
to establish the fact of the marriage of the complainant to the
defendant Eugenia Rabano, still the case offers sufficient and
complete proof that Eugenia Rabano was married to the
complainant and that, notwithstanding her condition of being a
married woman, she carried on illicit intercourse and relations with
Engracio Villafuerte, who is not her husband. These acts executed
by them constitute the crime of adultery, and therefore, being
criminally liable for this crime, they have incurred the penalty
provided for in the above-mentioned article of the Penal Code.
Villa and Rabano lived as husband and wife in their own house
when Villafuerte came to interfere with the marital relations and
disturb their peace, and for the reason that the fact of Villa and
Rabano were united by matrimony was not questioned, the
presumption of their being married must be admitted as a legal fact,
in the absence of any proof to the contrary, since even the
statements of the witnesses for the defense affirm this presumption.
And yet, even paying less attention to this presumption than to the
presumption of innocence of the defendants, it is true that in the
complaint it is affirmed by the complainant that Eugenia Rabano is
his legitimate wife, and in addition it appears proven on the trial
that they were united, by the bonds of matrimony, which is affirmed
not only by the witnesses for the prosecution but also by those of
the defense, which produces on the mind a clear conviction of the
guilt of the two defendants. If Eugenia Rabano were not united with
Felix Villa by the bonds of matrimony and lived with him only in a
state of concubinage, not only the woman but also Villafuerte
would have so stated, and they would have denied and contradicted
the complaint and would not have consented that in their presence
the witnesses for the prosecution and their own witnesses should
call Villa and Rabano husband and wife. The fact that they
remained silent and did not dare to deny the truth of the marriage
bonds which united them was, because they are convinced of their
guilt and especially the woman, of her criminal and nefarious
infidelity and so, with such proof of their guilt, the presumption of
innocence can not be sustained.
In the commission of the crime there are no extenuating
circumstances or aggravating circumstances to be considered, for
which reason the penalty imposed in the medium degree is in
accordance with the law.
Therefore, we are of the opinion that the judgment appealed from
should be affirmed and the defendants sentenced to the penalty of
three years six months and twenty-one days of prision correctional
and to pay the costs, one-half each, it being understood that they are
relieved from subsidiary imprisonment in case of insolvency for the
payment of the costs. This case to be returned to the court below
with a certified copy of this decision and of the judgment, which
shall be rendered in accordance herewith. So ordered.
Arellano, C. J., Mapa, and Johnson, JJ., concur.
Carson, J., reserves his opinion.
Batas.org

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

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