G.R. No. 222105 - Isturis-Arebuerta vs. Rebuelta

On June 15, 2010, petitioner Peter P. Rebuelta, accompanied by members of the CIDG of the PNP, entered Room 5 of Seawall Inn in Brgy. Tambak, New Washington, Aklan.
They found Peter's wife, Theresa Avelau Isturis-Rebuelta (Theresa), tending to her 3-year-old son on a bed, and Mark Baltazar Mabasa (Mark), shirtless, seated on a chair.
Theresa and Mark were brought to the PNP New Washington Police Station, then to CIDG Aklan in Kalibo; Theresa was detained at Kalibo Police Station.

On June 16, 2010, Peter filed a complaint for adultery against Theresa and Mark before the OPP of Aklan (INV-10F-01407).
After probable cause was found, an Information was filed on February 9, 2012, docketed as Criminal Case No. 2747-N at the 1st Municipal Circuit Trial Court (MCTC) of New Washington and Batan.

On March 6, 2012, Judge Eva Vita V. Ta-Ay Tejada issued an Order requiring the prosecution to submit additional evidence within 5 days to support probable cause.
The prosecution failed to comply, prompting the MCTC to dismiss the case for lack of probable cause on June 5, 2012.
Peter's Motion for Reconsideration was denied on August 10, 2012.

Peter filed a Petition for Certiorari under Rule 65 against the MCTC’s dismissal, alleging grave abuse of discretion.
On September 9, 2013, the RTC reversed the MCTC’s dismissal, reinstating the Information, stating:

Probable cause requires only reasonable belief that a crime was committed.
Peter, as private complainant in this private crime, has the legal personality to appeal.

Petitioners filed Motions for Reconsideration which were denied by the RTC on October 21, 2013.
The petitioners appealed to the CA, which on April 30, 2015, affirmed the RTC decision.
The CA held that a judge may not require evidence suitable for conviction to establish probable cause.
Motions for Reconsideration filed by petitioners were denied by the CA on October 27, 2015.

Petitioners filed separate petitions for review, consolidated by the Supreme Court on February 22, 2016.

Legality of Peter Rebuelta's legal personality to appeal the MCTC’s dismissal orders without the public prosecutor's consent.
Whether the CA erred in affirming the RTC’s finding that the MCTC gravely abused discretion in dismissing the adultery case for lack of probable cause.
Whether the affidavits and evidence presented established probable cause to charge the petitioners with adultery.