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Juarez Vs Turon

Nicolas Juarez filed for divorce from Ramona Turon in 1927, citing her adultery conviction from 1924 as evidence. The court held that the adultery conviction alone was insufficient evidence for divorce. Additionally, Juarez failed to file within the one year period from when he learned of the adultery in 1924, as required by law. The court denied the divorce.

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0% found this document useful (0 votes)
312 views1 page

Juarez Vs Turon

Nicolas Juarez filed for divorce from Ramona Turon in 1927, citing her adultery conviction from 1924 as evidence. The court held that the adultery conviction alone was insufficient evidence for divorce. Additionally, Juarez failed to file within the one year period from when he learned of the adultery in 1924, as required by law. The court denied the divorce.

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© © All Rights Reserved
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Juarez vs.

Turon

Facts: Nicolas Juarez married Ramona Turon on October 28, 1921 and begot a child. The former accused the latter of having
committed adultery. He acquired knowledge of the adultery of the defendant at about August, 1924. After legal proceedings,
Turon was convicted of adultery. Judgment has become final and was executed. On February 10, 1927, Juarez filed a complaint
praying to be decreed a divorce and have judgment for costs. As evidence, he presented judgment rendered in the aforesaid
criminal case for adultery against the same defendant as evidence for the filed complaint.

Issue: Whether divorce be decreed.

Held: The plaintiff failed to present sufficient evidence. The judgment of conviction rendered in the criminal case against the
same defendant not being sufficient, since as evidence it has no effect in this action other than to show that the guilt of the
defendant was proven in a final judgment rendered in a criminal case (The certified copy of the judgment of conviction is his
evidence).
The law requires that the action for divorce be brought within one year from the date when the plaintiff acquired knowledge
of the cause of action brought by him, but the herein complaint was filed on February 10, 1927, notwithstanding that
according to plaintiff himself, he acquired knowledge of the adultery of the defendant about August, 1924.

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