Title
People vs. Ilarde
Case
G.R. No. L-58595
Decision Date
Oct 10, 1983
A petition challenging the quashing of an adultery case after the offended spouse's death; SC ruled the spouse's prior complaint and actions sufficed for prosecution.

Case Digest (G.R. No. L-58595)
Expanded Legal Reasoning Model

Facts:

  • Parties and Allegations
    • Efraim Santibanez (offended spouse) legally married to Cecile Santibanez; alleged that on November 3, 1980, Cecile wilfully committed adultery with Avelino T. Javellana in their conjugal home in Iloilo City.
    • Complaint (Annex A) filed November 4, 1980 with Integrated National Police, forwarded to City Fiscal Ricardo P. Galvez; affidavit-complaint (Annex B) executed November 6–7, 1980 detailing plan to catch the spouses in flagrante and formally charging them with adultery.
  • Preliminary Investigation and Related Events
    • January 1981: Efraim learns of terminal illness, executes holographic will disinheriting Cecile for adultery; submits memoranda in investigation.
    • February 19, 1981: Fiscal Galvez issues resolution finding prima facie case for adultery; February 16, 1981: Efraim dies in the United States; March 4, 1981: Information for adultery filed in CFI Iloilo, Branch V.
  • Motion to Quash and Trial Court Proceedings
    • Respondents Cecile Santibanez and Avelino Javellana move to quash on ground that Article 344, RPC and Section 4, Rule 110 RC require complaint by offended spouse, which allegedly was not filed.
    • Respondent Judge Ilarde grants motion to quash and dismisses case; fiscal’s motion for reconsideration denied; petition for certiorari filed before the Supreme Court.

Issues:

  • Whether the filing and attachment of the sworn complaint-affidavit by the offended spouse satisfied the requirement of Article 344 of the Revised Penal Code and Section 4, Rule 110 of the Rules of Court that adultery “shall not be prosecuted except upon a complaint filed by the offended spouse.”
  • Whether the subsequent death of the offended spouse before filing of information deprives the court of jurisdiction absent a new complaint.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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