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The fact that there was evidence of misconduct on the part of the husband and the failure of the wife to set it up by
way of defense, were proper subject of inquiry as they may justifiably be considered circumstantial evidence of
collusion between the spouses.
The SC also said that the requirement of intervention of the state attorney in case of uncontested proceedings for
legal separation (and of annulment of marriages), is to emphasize that marriage is more than a mere contract; that it
is a social institution in which the state is vitally interested, so that its continuation or interruption cannot be made to
depend upon the parties themselves.
It is consonant with this policy that the inquiry by the Fiscal should be allowed to focus upon any relevant matter that
may indicate whether the proceedings for separation or annulment are fully justified or not.
--------------------------------------------------------ISSUE #2: In the case at bar, the SC said that the petition for legal separation should not be granted it being evident
that Brown is also guilty of co-habiting with a woman other than his wife. This misconduct bars him from claiming
legal separation in accordance with the express provision of Article 100 of the new Civil Code.
Another reason why the petition for legal separation cannot be granted is that the action for legal separation in the
case at bar has already prescribed, since Brown did not institute the proceeding until 10years after he learned of his
wifes adultery in 1945 (he filed it on 1955) and Article 102 of the new Civil Code states that an action for legal
separation cannot be filed except within 1year from and after the plaintiff became cognizant of the cause and within
5years from and after the date when such cause occurred
[It is true that the wife has not interposed prescription as a defense. Nevertheless, the courts can take cognizance
thereof, because actions seeking a decree of legal separation, or annulment of marriage, involve public interest, and
it is the policy of our law that no such decree be issued if any legal obstacles thereto appear upon the record]