FACTS: Husband and
wife Alejandro Pabro and Juana Mappala signed a contract before the notary
public of Elias Borromeo. The contract had been prepared by the municipal
secretary of Naguilian, Isabela. Atty. Borromeo cooperated in the execution of
the document. He was quite knowledgeable about its contents although he did not
know it fully because of a difference in dialect. The contract is an agreement
between the husband and the wife which permitted the husband to take unto
himself a concubine and the wife to live in adulterous relationship with
another man, without opposition from either one of them.
ISSUE: Whether or not
the contract is valid
HELD: No. Although RPC
allowed the offended party to give pardon to his or her offender spouse, this
doesn’t mean that the purpose of the legislature is to legalize adultery and
concubinage. A notarized contract that permits concubinage and adultery is not
judicially recognizable. Although the consent of a party is a bar to the
prosecution of the said crimes, the acts are still contrary to customs, good
morals and against the sanctity of marriage which is constitutionally provided
for.
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