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People of the Phil. vs. Guinucud, et al.

THE PEOPLE OF THE PHILIPPINE ISLANDS, plaintiff-appellee, vs. ALFONSO GUINUCUD and ROSARIO TAGAYUN, defendants-appellants.

G.R. No. 38672 | 1933-10-27

D E C I S I O N

BUTTE, J:

This is an appeal from a decision of the Court of First Instance of Isabela, convicting the appellants of the crime of adultery. The prosecution was instituted by the complaint of the husband of Rosario Tagayun, named Ramon Palattao.

Upon arraignment, the accused pleaded not guilty but on the hearing, admitted the facts alleged in the information but presented evidence to prove that Ramon Palattao consented to the adultery, which fact, if established, bars any prosecution under article 344 of the Revised Penal Code. The pertinent paragraphs of said article are as follows:

"ART. 344. Prosecution of the crimes...