People v. Ortiz
REITERATIONFacts
The Antecedents: The case involves a criminal prosecution for the crime of adultery against Faustina Ortiz and Numeriano Regalado. Procedural History: The complaint was filed by the provincial fiscal. The offended husband, while stating he denounced the crime to the fiscal and asked him to file a complaint, did not formally file a complaint himself. The Appeal: The defendants appealed the judgment of conviction rendered by the lower court.
Issue(s)
Whether the complaint for adultery, filed by the provincial fiscal at the instance of the offended party, satisfies the legal requirement of a complaint by the offended party as prescribed by Act No. 1773.
Ruling
The Supreme Court reversed the judgment appealed from and dismissed the case. The Court held that the complaint was defective for not being filed by the offended party personally, as required by law, thus divesting the court of jurisdiction.
Ratio Decidendi
On Issue 1: The Court held that the complaint for adultery was insufficient because it was not filed by the offended party personally, as mandated by Section 1 of Act No. 1773. The law explicitly states that no prosecution for adultery shall be instituted except upon the complaint of the aggrieved person. While the fiscal filed the complaint at the instance of the offended party, and the offended party testified that he denounced the crime and asked the fiscal to file a complaint, this does not meet the statutory requirement. Interpreting a similar provision, the Court had previously held in U.S. vs. Narvas that the complaint must be made and executed in writing by the offended party personally, if competent. The absence of such a proper complaint by the offended party means the court cannot acquire jurisdiction over the subject matter and the person of the defendant. Consequently, the judgment of conviction must be reversed, and the case dismissed.
Main Doctrine
The Supreme Court reiterated that for crimes of adultery, estupro, or injuria, the institution of a criminal prosecution is strictly dependent upon a written complaint filed by the offended party personally, or by their legal representative if they are incompetent. This procedural prerequisite is jurisdictional, meaning that without a proper complaint from the offended party, the court cannot acquire jurisdiction over the case, leading to its dismissal.