Juarez vs. Turon, March 19, 1928

Facts:

Nicolas Juarez married Ramona Turon on October 28, 1921 and begot a child. The former accused the latter of having committed adultery. He acquired knowledge of the adultery of the defendant at about August, 1924. After legal proceedings, Turon was convicted of adultery. Judgment has become final and was executed. On February 10, 1927, Juarez filed a complaint praying to be decreed a divorce and have judgment for costs. As evidence, he presented judgment rendered  in the aforesaid criminal case for adultery against the same defendant as evidence for the filed complaint.

Issue:

Whether or not divorce be decreed.

Held:

The plaintiff failed to present sufficient evidence. The judgment of conviction rendered in the criminal case against the same defendant not being sufficient, since as evidence it has no effect in this action other than to show that the guilt of the defendant was proven in a final judgment rendered in a criminal case.

The law requires that the action for divorce be brought within one year from the date when the plaintiff acquired knowledge of the cause of action brought by him, but the herein complaint was filed on February 10, 1927, notwithstanding that according to plaintiff himself, he acquired knowledge of the adultery of the defendant about August, 1924.