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Benedicto vs. De La Rama [Dissenting, COOPER, J..]

AGUEDA BENEDICTO, plaintiff-appellee, vs. ESTEBAN DE LA RAMA, defendant-appellant.

G.R. No. 1056 | 1903-12-08

Separate Opinions

COOPER, J., dissenting:

It is immaterial whether a divorce a mensa et thoro is governed by the provisions contained in Title IV of book 1 of the Civil Code, by the canonical law, or by the laws of the Partidas. Under each the causes for divorce are substantially the same, one of which is for adultery.

The conclusion reached by the majority of the court is that both plaintiff and the defendant have been guilty of adultery, and that therefore neither is entitled to relief.

In entering upon a review of the evidence and a discussion of this question it is proper to refer to our statute upon the subject of a review by this court,...