Case Summary (G.R. No. L-58595)
Key Dates
• November 3–4, 1980: Alleged commission of adultery and apprehension in flagrante
• November 4, 1980: Sworn complaint filed by Efraim Santibanez with the Integrated National Police
• November 6–7, 1980: Affidavit-complaint executed and filed before the City Fiscal
• January 10, 1981: Holographic will executed, disinheriting Cecile Santibanez for adultery
• February 16, 1981: Death of Efraim Santibanez in the United States
• March 3–4, 1981: City Fiscal issues and files information for adultery in CFI Iloilo, Criminal Case No. 13086
• May 21 & September 14, 1981: Orders quashing the information granted and reconsideration denied
• October 10, 1983: Decision of the Supreme Court
Facts of the Case
Efraim Santibanez legally married Cecile in 1974. Suspicious of his wife’s fidelity based on reports from their son and household staff, he devised a plan to catch her in the act of adultery by removing a glass jalousie from their master bedroom window. On the night of November 3, 1980, Cecile Santibanez and Avelino T. Javellana were observed and photographed engaging in sexual intercourse. Upon learning of the discovery, Santibanez filed a sworn complaint with the police and, days later, an affidavit-complaint before the City Fiscal formally charging his wife and Javellana with adultery.
Procedural History
- The City Fiscal conducted a preliminary investigation and, on February 19, 1981, found a prima facie case for adultery.
- On March 4, 1981, the Fiscal filed an information in CFI Iloilo, Criminal Case No. 13086.
- Private respondents moved to quash the information, arguing that no complaint by the offended spouse had been filed as required by Article 344 of the Revised Penal Code and Section 4, Rule 110 of the Rules of Court.
- The trial court granted the motion to quash; the Fiscal’s motion for reconsideration was denied.
- The People sought certiorari before the Supreme Court.
Issue
Whether the statutory requirement that “the crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse” (Article 344, RPC; Section 4, Rule 110, Rules of Court) was complied with.
Applicable Law
• Article 344, Revised Penal Code (adultery and concubinage prosecutable only upon offended spouse’s complaint)
• Section 4, Rule 110, Rules of Court (echoing Article 344)
• Section 5, Rule 110, Rules of Court (elements of a sufficient complaint)
• Presidential Decree No. 77 (governing preliminary investigations)
Analysis
- The Supreme Court adheres to the strict requirement of Article 344 but emphasizes its protective spirit: to allow the aggrieved spouse discretion in seeking redress without public scandal.
- Efraim Santibanez’s sworn complaint and affidavit-complaint not only narrated the facts of the adultery but also explicitly charged his wife and Javellana, requesting that his affidavit serve as the formal complaint.
- Distinguished from People v. Santos, where a mere factual “sala
Case Syllabus (G.R. No. L-58595)
Facts
- On November 3, 1980, Cecile Santibanez, then married to Efraim Santibanez, allegedly engaged in sexual intercourse with Avelino T. Javellana in the conjugal bedroom in Iloilo City.
- Efraim Santibanez, informed by his son and household staff, devised a plan to observe the act in flagrante by removing one glass jalousie of the master‐bedroom window, enabling his son’s wife to report the event and effect an apprehension.
- Following the operation’s success at midnight of November 3, 1980, photographs were taken inside the bedroom and shown to Efraim upon his return on November 4.
- On November 4, 1980, Efraim filed a sworn complaint for adultery with the Integrated National Police (Annex “A”) and, on November 7, 1980, an affidavit‐complaint with detailed antecedents and an explicit charge that his wife and Javellana committed adultery (Annex “B”).
- In January 1981, before conclusion of the preliminary investigation, Efraim learned of his terminal illness and executed a holographic will disinheriting Cecile for her adultery. He died in the United States on February 16, 1981.
Procedural History
- January 15, 1981: Private respondents submitted their memorandum to the City Fiscal’s Office.
- February 19, 1981: City Fiscal Galvez found a prima facie case for adultery.
- March 4, 1981: The information for adultery, explicitly referencing Annexes “A” and “B,” was filed in CFI Iloilo, Branch V as Criminal Case No. 13086.
- Private respondents moved to quash the information on grounds that no complaint was filed by the offended spouse as required under Arti