Prosecution of Private Crimes

39. People v. Ilarde, G.R. No. L-58595 October 10, 1983

Facts:

After a meticulous and careful surveillance, the wife of the complainant and her alleged paramour
were caught in the actual sexual act in the conjugal bedroom. The aggrieved husband executed a
complaint affidavit filed with the fiscal’s office for adultery and categorically stated therein that he was
charging both with adultery.

Before a formal charge could be filed in the court, the complainant husband died in the United
States. The Fiscal then filed an information for adultery attaching the complaint earlier executed by the
deceased husband.

Both accused moved to quash the information on the ground that the offense of adultery can only
be prosecuted upon a complaint by the offended spouse. The trial court granted the motion.

ISSUE:

Whether the filing of information by the fiscal even after the death of the husband of the accused
was proper.

RULING:

YES.

The Court held that legal requirement was imposed "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."
Thus, the law leaves it to the option of the aggrieved spouse to seek judicial redress for the affront
committed by the erring spouse.

In the case, the facts clearly showed the desire of the offended party to bring his wife and her
alleged paramour to justice. Such determination was amply demonstrated in his filing of the complaint
affidavit and action for legal separation as well as his execution of the will disinheriting his wife.

DO NOT WRITE:
v Information which states that fiscal is accusing the defendants of adultery based on
sworn complaint of victim attached to the information, suffices to clothe court with
jurisdiction