Title
Pilapil vs. Ibay-Somera
Case
G.R. No. 80116
Decision Date
Jun 30, 1989
A Filipino-German couple divorced in Germany; the ex-husband filed adultery charges in the Philippines. The Supreme Court dismissed the case, ruling he lacked standing as the "offended spouse" post-divorce.

Case Digest (G.R. No. L-533)
Expanded Legal Reasoning Model

Facts:

  • Marriage and Family Background
    • On September 7, 1979, petitioner Imelda Manalaysay Pilapil (Filipino) married Erich Ekkhard Geiling (German) before the Registrar at Friedensweiler, Germany.
    • The couple resided in Malate, Manila, where their daughter, Isabella Pilapil Geiling, was born on April 20, 1980.
    • Marital discord led to a de facto separation in April 1982.
  • Judicial and Extrajudicial Proceedings
    • January 1983 – Geiling filed for divorce in the Schöneberg Local Court, Germany, citing failure of marriage; Pilapil filed for legal separation, support, and separation of property in Manila (RTC Branch XXXII, Civil Case No. 83-15866).
    • January 15, 1986 – German court decreed an absolute divorce, valid under German law; custody of the child awarded to Pilapil.
    • June 27, 1986 – Geiling filed two adultery complaints in Manila, alleging infidelity by Pilapil with William Chia (1982) and Jesus Chua (1983).
    • January 8, 1986 – Manila City Fiscal approved filing of complaints; cases were raffled to RTC Manila Branch XXVI (Crim. Case No. 87-52435) and Branch XXV (Crim. Case No. 87-52434).
    • March 14, 1987 – Pilapil petitioned the Secretary of Justice to set aside the fiscal’s resolution and dismiss the cases; co-accused Chua filed a similar petition.
    • Secretary of Justice directed the City Fiscal to defer proceedings and elevate the records for review; Pilapil moved to defer arraignment and quash the complaint in Branch XXVI.
    • September 8, 1987 – Branch XXVI denied the motion to quash, reset arraignment (April 6, 1987), found Pilapil in direct contempt for refusing arraignment, and ordered her detention until arraignment.
    • October 27, 1987 – Pilapil filed a special civil action for certiorari and prohibition in the Supreme Court, with prayer for a temporary restraining order (TRO).
    • October 21, 1987 – Supreme Court issued TRO enjoining further proceedings in Crim. Case No. 87-52435.
    • March 23, 1988 – Secretary of Justice upheld Pilapil’s arguments and directed dismissal of the complaints.

Issues:

  • Whether the Regional Trial Court had jurisdiction to try and decide the adultery complaints filed by Geiling after he obtained a valid foreign divorce.
  • Whether a complainant in a private crime under Article 344 of the Revised Penal Code must be a subsisting spouse at the time of filing the sworn written complaint.

Ruling:

  • (Subscriber-Only)

Ratio:

  • (Subscriber-Only)

Doctrine:

  • (Subscriber-Only)

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