Facts:
Selanova charged Judge Mendoza with gross ignorance of the law for preparing and ratifying a document extrajudicially liquidating the conjugal partnership of the complainant and his wife. One condition of the liquidation was that either spouse would withdraw the complaint for adultery or concubinage which each had filed against the other and that they waived their right to prosecute each other for whatever acts of infidelity either one would commit against the other. Respondent relied on Art 191 of the old Civil Code that states the husband and wife may agree upon the dissolution of the conjugal partnership during the marriage, subject to judicial approval. The judge ratified the document without judicial approval from CFI Negros where the couple was residing, making it void assuming arguendo that Art. 191 is still in effect.
Issue:
Whether or not the agreement separating the conjugal property and the spouses is void.
Held:
It is. Under Art. 221 of the Civil Code, the following shall be void:
1. Any contract for personal separation between husband and wife;
2. Every extrajudicial agreement during marriage, for the dissolution of the conjugal partnership of gains or of the absolute community property between husband and wife.
While adultery and concubinage are private crimes, they are crimes punishable by the RPC, and a contract legalizing their commission is contrary to law, morals and public order, and as a consequence not judicially recognizable.
Source:
Downloaded from the Web: Digested by Kelly Ortiz
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