See - Cohabitation Is Public Assumption By A Man And A Woman Of The Marital Relation, And Dwelling Together As Man And Wife, thereby Holding Themselves Out To The Public As Such…
THE LAWYER'S POST.
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“In Bitangcor v. Tan, we held that the term “cohabitation” or “living together as husband and wife” means not only residing under one roof, but also having repeated sexual intercourse. Cohabitation, of course, means more than sexual intercourse, especially when one of the parties is already old and may no longer be interested in sex. At the very least, cohabitation is public assumption by a man and a woman of the marital relation, and dwelling together as man and wife, thereby holding themselves out to the public as such. Secret meetings or nights clandestinely spent together, even if often repeated, do not constitute such kind of cohabitation; they are merely meretricious. In this jurisdiction, this Court has considered as sufficient proof of common-law relationship the stipulations between the parties,a conviction of concubinage,or the existence of legitimate children.”
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