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Juanaria Franclsco Vs. Lope Tayao050 Phil 42

JUANARIA FRANClSCO, plaintiff-appellant, vs. LOPE TAYAO, defendant-appellee.

G.R. No. 26435 | 1927-03-04

D E C I S I O N

MALCOLM, J.:

As rightly stated by counsel for the appellant in his well prepared brief, the present appeal raises only a question of law, which is whether or not, under the facts, the plaintiff is entitled to a decree of divorce in accordance with the Philippine Divorce Law. The related question resolutory of the appeal is whether or not the wife can secure a divorce from the husband, where the latter has been convicted of adultery and not of concubinage, although the acts for which the husband was convicted of adultery may also constitute concubinage.

Juanaria Francisco, the plaintiff, and Lope Tayao, the defendant,...