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EN BANC
THE UNITED STATES,
Complainant-Appellee,
G.
R.
No. 1181
July
1,
1905
[1]
-versus-
ENGRACIO
VILLAFUERTE,
ET AL.,
Defendants-Appellants.
D E C I S I
O N
TORRES, J:
Counsel for the defendant
Engracio Villafuerte asks for a revision of the Decision rendered in
the
second instance and that a new hearing be granted in this case, but,
notwithstanding
the reasons alleged by him to this effect, We are of the opinion that
the
motion aforesaid should be denied.
It is fully proven
in the record of the case that the defendants, adulterers, were duly
informed
and knew well about the charges made against them, of the motive and
origin
of the charges, and of the character of the sentence, for which reason
on pleading not guilty of the crime charged to them they knew perfectly
well the nature and condition of the crime which was imputed to them.
The
complaint which begins the record is in accordance with the provisions
of Section 6 of General Orders No. 58, and no fault or defect can be
alleged
to be contained which could constitute an infraction of Section 5 of
the
Act of Congress dated July 1, 1902. The complaint which is signed by
the
husband, Felix Villa, expressly stated that Eugenia Rabano was and is
his
wife; that both lived together in marital relations in the same house;
that the defendant Villafuerte went to live in the same house and that
both defendants were several times caught in the act of sexual
intercourse;
and, therefore, on being informed of the charges made against them,
they
were well aware that the crime imputed to them was adultery for the
reason
that Rabano and Villafuerte had illicitly together, Rabano being a
married
woman.
A man and a woman who
are living in marital relations under the same roof are presumed to be
legitimate spouses, united by virtue of a legal marriage contract,
according
to Paragraph 28 of Section 334 of the Code of Civil Procedure. This
presumption
can only be rebutted by sufficient contrary evidence, which has not
been
presented by the petitioner. It must be noted, considering the
testimony
of two witnesses on both sides, Villa and Rabano had the reputation in
the town where they lived of being married legitimately.
A complaint should
not allege any facts other than those which constitute the crime. The
defense
or the allegations of the defendant are not essential elements of the
crime,
since if they were proven the action would be null and void and of no
effect.
In the decision which this court rendered and which the defense asks to
have set aside, the existence of the crime of adultery was found, as
well
as the guilt of the defendants, by virtue of the clear proof of the
facts
adduced by the prosecution as these facts appear fully and clearly
related
in the Decision, and not because of the silence of the defendants.
Furthermore,
the Court having accepted the consideration of the facts made by the
judge
as proven, it is not permissible, nor should it be, to allow same to be
impugned. The judge, as well as this court, rightfully found that the
crime
of adultery had been committed and proven from the presumption, which
was
also proven, that Villa and Rabano were legally married, and this
finding
can not and should not be modified validly without anything to the
contrary
being shown.
By virtue of the
reasons
above stated, we are of the opinion that motion should be denied with
the
costs.
Arellano, C.J.
and Johnson, J., concur.
Separate
Opinion
CARSON, J.,
With
Whom
Concurs WILLARD, J., Concurring:
All the bases of this motion
were fully discussed in the oral argument and in the printed brief of
the
defendants and were taken into consideration by this court before
dictating
its decision, and therefore I am of the opinion that the Motion for a
New
Trial should be denied.
____________________________
Endnote:
[1]
Original
case page 476,
supra.
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