Adultery case can only be filed by offended spouse—SC
The Supreme Court reiterated that only the offended spouse can file an adultery complaint, and any complaint filed through a representative is invalid.
In the decision published on Jan. 27, Associate Justice Antonio T. Kho, Jr. wrote that the high court reinstates Metropolitan Trial Court of Pasay City's dismissal of the adultery charge against Aurel Ann Chua-Chiba and Michael Llona.
Detailing the case, Jin Chiba, through a representative, filed an adultery case and made grave threats against his wife, Aurel, and her co-accused, Michael.
The MeTC first dismissed his adultery case and grave threats as it was filed by a representative, ruling that it should be initiated only by the offended spouse.
However, the Regional Trial Court overturned MeTC's ruling, affirming that the filing complied with legal requirements since Jin’s complaint-affidavit was attached to the complaint filed by his representative.
The SC disagreed, stressing that adultery and concubinage are classified as private crimes that can be pursued only through a complaint filed by the offended spouse, as stated in Article 344 of the Revised Penal Code.
“The law leaves it to the option of the aggrieved spouse to seek judicial redress for the affront committed by the erring spouse,” the SC said.
The SC said this rule is in place “out of consideration for the aggrieved party who might prefer to suffer the outrage in silence rather than go through the scandal of a public trial,” allowing the offended spouse to choose whether to pursue the case in court or deal with the matter privately.
"Although Jin submitted his own complaint-affidavit accusing Aurel and Michael of adultery, it was only included as an annex to the complaint-affidavit filed by Marvin,” Kho wrote.
Due to noncompliance with the Revised Rules of Criminal Procedure and the RPC, the SC concluded that no valid complaint was filed and ordered the dismissal of the case.
