Case Digest (G.R. No. L-3047)
Facts:
The People of the Philippines v. Guadalupe Zapata and Dalmacio Bondoc, G.R. No. L-3047, was decided May 16, 1951, by the Supreme Court, Padilla, J., writing for the Court.
In the Court of First Instance of Pampanga, Andres Bondoc (the offended husband) filed Criminal Case No. 426 charging his wife, Guadalupe Zapata, and her alleged paramour, Dalmacio Bondoc, with adultery for repeated acts of sexual intercourse occurring from 1946 until March 14, 1947, the date of that complaint. In that first case the wife pleaded guilty and was sentenced to four months of arresto mayor, which she served.
On September 17, 1948 the husband filed a second criminal complaint (Criminal Case No. 735) alleging continued adulterous acts by the same defendants from March 15, 1947 to September 17, 1948. On February 21, 1949 both defendants moved to quash the second complaint on the ground that prosecution of the later acts would subject them to double jeopardy for the same offense. The trial court sustained the motions and quashed the second complaint.
The prosecution appealed the trial court’s order quashing the second complaint to the Supreme Court. The Supreme Court reviewed the question whether the second complaint charged the same single offense as the first (thus barr...(Subscriber-Only)
Issues:
- Does allowing prosecution on the second complaint place the defendants twice in jeopardy for the same offense in violation of the constitutional prohibition against double jeopardy?
- Are successive acts of sexual intercourse between the same married woman and the same man separate acts of adultery (each a distinct, consummated offense), or do they constitute one continuous offense for which only ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)