Arroyo v CA

1. Dr neri filed adultery against his wife arroyo. RTC and CA held her guilty
2. While on appeal to SC, dr neri filed affidavit of desistance

WON dismissal proper? No

• Prosecution for adultery is not principally for vindication, it is to protect basic social institution
of family
• Desistance should be filed before filing of the case in the courts