G.R. No.

L-37720 March 27, 1933 ISSUE: Whether or not the husband consented to the adulterous acts
of his wife and therefore barred from the action.
THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee,
vs. HELD: Apart from the fact that the husband in this case was assuming a
URSULA SENSANO and MARCELO RAMOS, defendants-appellants. mere pose when he signed the complaint as the "offended" spouse, we
have come to the conclusion that the evidence in this case and his
conduct warrant the inference that he consented to the adulterous
FACTS: relations existing between the accused and therefore he is not
 Ursula Sensano and Mariano Ventura were married on April 29, authorized by law to institute this criminal proceeding.
1919
 Shortly after the birth of his child, the husband left his wife to We cannot accept the argument of the Attorney-General that the
go to the Province of Cagayan where he remained for three seven years of acquiescence on his part in the adultery of his wife is
years without writing to his wife or sending her anything for the explained by his absence from the Philippine Islands during which
support of herself and their son. period it was impossible for him to take any action against the accused.
 Poor and illiterate, she struggled for an existence for herself and There is no merit in the argument that it was impossible for the
her son until she met the accused Marcelo Ramos who took her husband to take any action against the accused during the said seven
and the child to live with him. years.
 On the return of the husband (in 1924), he filed a charge against
his wife and Marcelo Ramos for adultery and both were
sentenced to four months and one day of arresto mayor.
 After completing the service of the sentence, Ursula asked for
forgiveness from Mariano, to which the latter replied that she
can do whatever she wants and that he wants nothing to do with
her.
 Mariano then left for Hawaii where he stayed for seven years.
He knew that his wife had lived again with Marcelo. Upon his
return to the Philippines, he again filed a case for adultery. The
court of first instance sentenced Ursula and Marcelo to 3 years,
6 months, and 21 days in prison.
 They contended that the court of first instance erred in not
considering that Mariano had already consented to the
adultery.
 The Solicitor General contended that Mariano’s absence from
the Philippines made it impossible for him to take any action.