G.R. No. L-3047 - People vs. Zapata

Andres Bondoc filed a complaint for adultery against his wife, Guadalupe Zapata, and her paramour, Dalmacio Bondoc, in the Court of First Instance of Pampanga
The allegations were that the defendants cohabited and had repeated sexual intercourse from 1946 up to March 14, 1947, the date when the complaint was filed
Dalmacio Bondoc was alleged to have known that Guadalupe Zapata was a married woman
The criminal case was numbered 426
Guadalupe Zapata pleaded guilty and was sentenced to four months of arresto mayor, which she served

On September 17, 1948, Andres Bondoc filed another complaint charging the same defendants with committing adultery from March 15, 1947 to September 17, 1948
This complaint was registered as criminal case No. 735

On February 21, 1949, the defendants filed motions to quash the second complaint, arguing violation of the constitutional protection against double jeopardy
The trial court upheld these motions and quashed the second complaint, holding:

The adulterous acts in both complaints constituted one continuous offense
The defendants were the same persons involved in both complaints
The offenses spanned continuously over the years 1946, 1947, and part of 1948
Therefore, a second prosecution amounted to twice putting the defendants in jeopardy for the same offense

Whether the two complaints for adultery, covering successive periods with continuous acts, constitute one continuous offense or separate offenses for purposes of double jeopardy under the Constitution.

Whether the filing of a second complaint for subsequent acts of adultery after the first complaint has been filed and partially adjudicated violates the prohibition against double jeopardy.