Imelda Pilapil v. Hon. Corona Somera, et.al., G.R. No. 80116, June 30, 1989

 Imelda Pilapil v. Hon. Corona Somera, et.al., G.R. No. 80116, June 30, 1989 

FACTS 

In 1979 a Filipino married a German national named Erich Geiling. They live together as husband and wife, but later on separated. 3 1/2 years later., the husband found the petition for divorce in Germany, which was granted. In 1986 he filed the complaints for adultery against the Filipina, because of an affair with a man named William in 1982 and James in 1983.

The case was filed in court, but a motion to quash was filed, but which was denied. Hence a petition was filed in the supreme court, contending that the complainant cannot be qualified as an offender party, since he has already obtained a final divorce under his national law prior to the filing of the case. 

ISSUE

Whether or not Geiling is qualified to file the case

RULING: 

No. The supreme court said the crime of adultery, as well as the other crimes against chastity, will be prosecuted, except upon a sworn written complaint filed, but the offended spouse, compliance with this rule is jurisdictional. In prosecution for adultery and concubinage. The person who can legally file a complaint should be the offended spouse and nobody else. It is significant that while the state as parens patriae was added in the 1985 rules of criminal procedure with the power to initiate the criminal action for the deceased or incapacitated victim. Such amendment did not include the crimes of adultery in concubinage. Only the offended spouse and no other is authorized by law to initiate the action.

It should be noted that the initiator must have the status capacity or legal representation to do so at the time of the filing of the criminal action. It is indispensable that the status and capacity of the complainant to commence, the action be definitively established. 

The complainant must be the offended spouse and This is means that the complainant is still married to the accused. since they are already divorce He has no more capacity to file such action because the said divorced, and it’s effects are recognized in the Philippines in so far as he is concerned.

The private responded obtained, a valid divorce in his country. The federal republic of Germany said divorce, and it’s legal effects may be recognized in the Philippines, in so far as the private respondent is concerned in view of the nationality principle.

Aliens may obtain divorces abroad, which may be recognized in the Philippines provided they are valid according to their national law