Pilapil v.

Ibay-Somera

Facts:

Petitioner Imelda Pilapil, a Filipino citizen and private respondent Erich Geiling, a German national, got married in Germany. Then, private
respondent initiated a divorce proceeding against Pilapil in Germany. The divorce decree was granted on the ground of failure of marriage of the
spouses. More than 5 months after the issuance of the divorce decree, Geiling filed two complaints for adultery in the City Fiscal of Manila alleging
that petitioner had an affair with William Chia and Jesus Chua while they were still married.

Issue:

W/N Geiling has the legal capacity to file complaint of adultery against Pilapil.

Ruling:

Geiling has no legal capacity to file complaint of adultery against Pilapil. It is indispensable that the status and capacity of the complainant to
commence the action be definitely established and, as already demonstrated, such status or capacity must indubitably exist as of the time he
initiates the action. Thus, the person who initiates the adultery case must be an offended spouse, and by this is meant that he is still married to
the accused spouse.

In the case at bar, Geiling is no longer the spouse of Pilapil, the fact that the divorce he obtained in his country is admitted. Said divorce and its
legal effects may be recognized in the Phils. Insofar as private respondent is concerned in view of the nationality principle in our civil law in the
matter of status of persons.