United States v. Faustina Ortiz, et al.

Republic of the Philippines
SUPREME COURT
Manila

EN BANC

G.R. No. L-6008            March 23, 1911

THE UNITED STATES,plaintiff-appellee,
vs.
FAUSTINA ORTIZ and NUMERIANO REGALADO,defendants-appellants.

Troadio Galicano for appellant Ortiz.
Jose Generoso for appellant Regalado.
Acting Attorney-General Harvey for appellee.

MAPA,J.:

The present cause for the crime of adultery was commenced and prosecuted through a complaint filed by the provincial fiscal. The offended husband did not formally file any complaint whatever. It is true that, in the written complaint, it is stated that the same was presented by the fiscal at the timeinstanceof the offended party and that the latter, in testifying as a witness at the trial, stated the "he denounced the crime to the fiscal and asked him to file a complaint against his wife and the adulterer;" but this does not fulfill the requirement of section 1 of Act No. 1773 which prescribes that "no prosecution for the crimes ofadulterio, estupro, orinjuriacommitted against persons other than public officials or employees shall be instituted except upon the complaint of the aggrieved person or of the parents, grandparents or guardian of such person.

Interpreting this provision, we said in the decision rendered on November 9, 1909, in the case of the U.S.vs. Narvas (14 Phil. Rep., 410), that:

The complaint, of course, is understood to be such as is defined by section 4 of General Orders, No. 58.

Owing to the absence, then, of a proper complaint by the offended party, the judgment appealed from is reversed and the case dismissed, with the costs of both instancede oficio. So ordered.

Arellano, C.J., Carson, and Moreland, JJ.,concur.