Philippine Supreme Court Jurisprudence


Philippine Supreme Court Jurisprudence > Year 1912 > March 1912 Decisions > G.R. No. 7124 March 25, 1912 - UNITED STATES v. MARIA ASUNCION

022 Phil 359:




PHILIPPINE SUPREME COURT DECISIONS

FIRST DIVISION

[G.R. No. 7124. March 25, 1912. ]

THE UNITED STATES, Plaintiff-Appellee, v. MARIA ASUNCION, Defendant-Appellant.

Southworth & Hargis, for Appellant.

Solicitor-General Harvey, for Appellee.

SYLLABUS


1. ADULTERY; COMPLAINT; PARTIES DEFENDANT. — The courts of these Islands do not acquire jurisdiction over the subject matter of a complaint or information charging a woman with adultery unless the injured husband files a written complaint charging both the wife and her paramour with the offense, if they are both alive.

2. ID.; ACTION BY HUSBAND; PARTIES DEFENDANT. — The law denies the right to a husband to institute criminal proceedings for adultery against either his wife or her alleged paramour without including the other in the complaint filed by him.


D E C I S I O N


CARSON, J. :


This case has come up on appeal from a judgment rendered in the Court of First Instance of the city of Manila, in a prosecution for adultery, in which the trial court found the defendant guilty and sentenced her to four years nine months and eleven days of prision correccional, and to pay the costs of the prosecution. The complaint is as follows:jgc:chanrobles.com.ph

"The undersigned, husband of Maria Asuncion, accuses the said Maria Asuncion of the crime of adultery, committed as follows:jgc:chanrobles.com.ph

"That on or about or between October 23, 1910, and October 27, 1910, in the city of Manila, Philippine Islands, the said Maria Asuncion, being the lawful wife of the complainant, Carlos de Lalinde, did willfully, illegally, and criminally, lie with a man who is not her husband, to wit, with one R. L. Larson, who lay with her not knowing that she was a married woman. In violation of law."cralaw virtua1aw library

To this complaint counsel for the defendant filed a demurrer on the ground that it was fatally defective under the provisions of article 434 of the Penal Code, in that it did not include the wife’s paramour as a party defendant together with the wife.

The trial court overruled the demurrer and but two witnesses were called, the husband of the accused and a policeman. The defense offered no evidence and declined to cross-examine the witnesses for the prosecution, there having been an agreement of counsel whereby only such evidence was offered by the prosecution as was necessary to prove the essential facts charged in the complaint, it being understood that the real question sought to be raised by the defense was the one of law presented by the demurrer.

In the case of U.S. v. Bacas (14 Phil. Rep., 308), we held that Act No. 1773 does not repeal the provisions of article 434. That article is as follows:jgc:chanrobles.com.ph

"No penalty shall be imposed for the crime of adultery, except upon a complaint filed by the injured husband.

"The husband can not institute a prosecution without including therein both the guilty parties, if they are both alive, nor in any case, if he shall have consented to the adultery or pardoned either of the adulterers."cralaw virtua1aw library

The contention of the prosecution is that while article 434 has not been repealed and is still in force with the modification that the crime of adultery has been made a public crime instead of a private one, and can no longer be pardoned or condoned by the offended party as provided in article 434 of the code; nevertheless the provisions of article 434 are not applicable to a case where the paramour did not know the woman to be married. It is contended that since the paramour is not guilty of the crime of adultery under the provisions of article 433 unless it is shown that he knew the woman to be married, it could not have been the intention of the lawmaker to require the injured husband to file a complaint against the paramour in a case where the paramour did not know of the existence of the marriage, and was not therefore guilty of the crime of adultery.

Reading all these articles and their amendments together, however, we conclude that the intention of the lawmaker was to deny to the husband the right to prefer a complaint against either the wife or her paramour without including the other therein. To hold otherwise would be to give to the husband the right or at any rate the power in all cases to condone the offense of the paramour and at the same time to secure the conviction of his wife; for to secure this end it would only be necessary for the husband to omit from his complaint an allegation that the paramour knew of the existence of his marriage with the woman, or, as in the case at bar, to insert an allegation that the paramour did not know of the existence of the marriage, in order to relieve him from liability of conviction and punishment. It is not for the husband to determine the question of the guilt or innocence of the paramour of the crime of adultery; that question must be left to the court. It may be that the complaint having been duly filed, and the control of the proceedings having thereby been placed in the hands of the prosecuting officer, he might move for a dismissal of the complaint as to the paramour if he were satisfied that he could not establish guilty knowledge on his part. But however this may be, we think that the language of article 434 of the code clearly contemplates the inclusion by the husband of both the wife and her paramour, if they are both alive, in the complaint upon which he institutes a prosecution for the crime of adultery.

The jurisdiction of the court below to hear and determine a charge of this nature being dependent upon the filing of a complaint by the husband, and the husband being expressly prohibited from the filing of such a complaint against one of the parties without including therein the other, we are of opinion that the demurrer filed in the court below should have been sustained.

The judgment of conviction and sentence imposed by the trial court are reversed, with the costs of both instances de oficio. The appellant will be set at liberty forthwith and the complaint dismissed.

Arellano, C.J., Torres, Mapa, Johnson, and Trent, JJ., concur.




Back to Home | Back to Main




















chanrobles.com





ChanRobles On-Line Bar Review

ChanRobles Internet Bar Review : www.chanroblesbar.com

ChanRobles MCLE On-line

ChanRobles Lawnet Inc. - ChanRobles MCLE On-line : www.chanroblesmcleonline.com






March-1912 Jurisprudence                 

  • G.R. No. 6783 March 1, 1912 - UNITED STATES v. LUIS REOGILON, ET AL

    022 Phil 127

  • G.R. No. 6183 March 2, 1912 - JUAN SAMBRANO v. BALDOMERO AR ZAGA, ET AL

    022 Phil 131

  • G.R. No. 5902 March 7, 1912 - P. P. ANGEL ORTIZ, ET AL v. Chinaman FELIX MELLIZA

    022 Phil 132

  • G.R. No. 6472 March 7, 1912 - MANUELA ROSARIO, ET AL. v. MANILA RAILROAD COMPANY

    022 Phil 140

  • G.R. No. 6092 March 8, 1912 - TAN CHIONG SIAN v. INCHAUSTI & Co.

    022 Phil 152

  • G.R. No. 6874 March 8, 1912 - UNITED STATES v. CAYETANO RAMAYRAT

    022 Phil 183

  • G.R. No. 6891 March 8, 1912 - MANILA RAILROAD COMPANY v. ATTORNEY-GENERAL, ET AL.

    022 Phil 192

  • G.R. No. 7350 March 8, 1912 - EUGENIA SAVILLA v. ESTEBAN SABELLANO, ET AL.

    022 Phil 197

  • G.R. No. 5735 March 9, 1912 - ESTATE OF LUIS R. YANGCO v. ANTONINO DE ASIS

    022 Phil 201

  • G.R. No. 7189 March 9, 1912 - ADOLFO RAZLAG v. SANCHO BALANTACBO

    022 Phil 205

  • G.R. No. 6163 March 14, 1912 - SON CUI, ET AL v. ATANASIA M. GUEPANGCO, ET AL

    022 Phil 216

  • G.R. No. 6801 March 14, 1912 - JULIANA BAGTAS v. ISIDORO PAGUIO, ET AL.

    022 Phil 227

  • G.R. No. 6962 March 14, 1912 - INES FELICIANO v. ELISA CAMAHORT

    022 Phil 235

  • G.R. No. 7117 March 14, 1912 - AGUSTINA RAFOLS v. EMILIA RAFOLS, ET AL.

    022 Phil 237

  • G.R. No. 6622 March 15, 1912 - PAULA DIRILO v. INOCENCIO ROPERES, ET AL.

    022 Phil 246

  • G.R. No. 7020 March 15, 1912 - UNITED STATES v. DAMIAN SANTA ANA, ET AL

    022 Phil 249

  • G.R. No. 7037 March 15, 1912 - UNITED STATES v. JOSE LAUREL, ET AL.

    022 Phil 252

  • G.R. No. 6748 March 16, 1912 - UNITED STATES v. AMBROSIO FIGUEROA

    022 Phil 269

  • G.R. No. 6574 March 19, 1912 - UNITED STATES v. AGUSTIN CLEMENTE

    022 Phil 277

  • G.R. No. 7027 March 20, 1912 - GEORGE E. WORCESTER v. BUCKNALL STEAMSHIP LINES

    022 Phil 292

  • G.R. No. 5935 March 22, 1912 - STRACHAN & MACMURRAY v. SEGUNDO EMALDI

    022 Phil 295

  • G.R. No. 6585 March 22, 1912 - EULALIO LAGARIZA v. COMMANDING GEN. OF THE DIV. OF THE PHIL.

    022 Phil 297

  • G.R. No. 6809 March 22, 1912 - GREGORIO PEÑALOSA v. DEMETRIO TUASON, ET AL.

    022 Phil 303

  • G.R. No. 7040 March 22, 1912 - UNITED STATES v. MAXIMINO GONZALEZ, ET AL.

    022 Phil 325

  • G.R. No. 7203 March 22, 1912 - UNITED STATES v. CHUA PUETE, ET AL

    022 Phil 327

  • G.R. No. 7294 March 22, 1912 - G. URRUTIA & COMPANY v. PASIG STEAMER & LIGHTER CO.

    022 Phil 330

  • G.R. No. 7144 March 23, 1912 - UNITED STATES v. Co CHICUYCO

    022 Phil 336

  • G.R. No. 6918 March 25, 1912 - UNITED STATES v. YAP KIN CO

    022 Phil 340

  • G.R. No. 7075 March 25, 1912 - RODRIGO ALBANO v. CORNELIO AGTARAP, ET AL.

    022 Phil 345

  • G.R. No. 7124 March 25, 1912 - UNITED STATES v. MARIA ASUNCION

    022 Phil 359

  • G.R. No. 7474 March 25, 1912 - HENRY ATHOLL EDWARDS v. H. B. McCOY

    022 Phil 598

  • G.R. No. 6286 March 26, 1912 - GAVINA FERNANDEZ v. EULOGIO TRIA

    022 Phil 603

  • G.R. No. 6579 March 26, 1912 - CHIENG AH SUI v. INSULAR COLLECTOR OF CUSTOMS

    022 Phil 361

  • G.R. No. 6694 March 26, 1912 - MARIANO NARCIDA, ET AL v. BURTON E. BOWEN

    022 Phil 365

  • G.R. No. 6729 March 26, 1912 - UNITED STATES v. GUILLERMO FIDELDIA

    022 Phil 372

  • G.R. No. 7165 March 26, 1912 - DAMASA LAFORGA, ET AL. v. BRUNO LAFORGA

    022 Phil 374

  • G.R. No. 6651 March 28, 1912 - PAULINO JACINTO v. JULIANA SALVADOR, ET AL.

    022 Phil 376

  • G.R. No. 6733 March 28, 1912 - VICTORIANO S. LAZO v. MARIANO N. LAZO, ET AL.

    022 Phil 380

  • G.R. No. 6920 March 28, 1912 - ALEJANDRA IRLANDA v. CATALINA PITARGUE, ET AL.

    022 Phil 383

  • G.R. No. 7289 March 28, 1912 - ANDRES S. TOBIAS, ET AL. v. GABRIEL C. ENRICO, ET AL.

    022 Phil 394

  • G.R. No. 6164 March 29, 1912 - JUAN MARBELLA v. DOMINGO SAMSON, ET AL.

    022 Phil 400

  • G.R. No. 6664 March 29, 1912 - PEDRO GERALDO v. MATEO ARPON

    022 Phil 407

  • G.R. No. 6690 March 29, 1912 - SILVESTRA V. TENORIO v. MANILA RAILROAD COMPANY

    022 Phil 411

  • G.R. No. 6886 March 29, 1912 - GAUDENCIO TABOTABO v. GREGORIA MOLERO

    022 Phil 418

  • G.R. No. 6958 March 29, 1912 - GABRIELA SANTOS v. DIRECTOR OF LANDS

    022 Phil 424

  • G.R. No. 7089 March 29, 1912 - JOSE T. PATERNO v. PEDRO AGUILA, ET AL

    022 Phil 427

  • G.R. No. 7094 March 29, 1912 - UNITED STATES v. HILARIO DE LA CRUZ

    022 Phil 429

  • G.R. No. 7688 March 29, 1912 - MANILA ELECTRIC RAILROAD & LIGHT CO. v. SIMPLICIO DEL ROSARIO, ET AL

    022 Phil 433

  • G.R. No. 6859 March 30, 1912 - UNITED STATES v. NICOLAS MATINONG, ET AL.

    022 Phil 439

  • G.R. No. 6912 March 30, 1912 - JOSE ARGUELLES v. PEDRO SYYAP, ET AL

    022 Phil 442

  • G.R. No. 7386 March 30, 1912 - ROMAN CATHOLIC ARCHBISHOP OF MANILA v. PEDRO P. ROXAS

    022 Phil 450

  • G.R. No. 7180 March 30, 1912 - RAFAEL ENRIQUEZ, ET AL. v. A. S. WATSON & CO. LTD.

    022 Phil 623