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Pilapil vs. Ibay-Somera
174 SCRA 653
Facts:
Imelda Manalaysay Pilapil, a
Filipino citizen, and private respondent Erich Ekkehard Geiling, a German
national, were married. After about three and a half years of marriage, such
connubial disharmony eventuated in private respondent initiating a divorce
proceeding against petitioner in Germany.
On June 27, 1986, or more
than five months after the issuance of the divorce decree, private respondent
filed two complaints for adultery before the City Fiscal of Manila alleging
that, while still married to said respondent, petitioner "had an affair
with a certain William Chia as early as 1982 and with yet another man named
Jesus Chua sometime in 1983".
Issue:
Whether or not the Husband of
Petitioner has legal standing in the case
Held:
No.
Ratio:
Under Article 344 of the
Revised Penal Code, the crime of adultery cannot be prosecuted except upon a
sworn written complaint filed by the offended spouse. Private respondent, being
no longer the husband of petitioner for having obtained a valid divorce decree
in Germany, had no legal standing to commence the adultery case under the
imposture that he was the offended spouse at the time he filed suit.
Submitted by:
G-one T. Paisones
Submitted to:
Atty. Cisco Franz S. Maclang
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