People v. Gregorio
REITERATIONFacts
The Antecedents: Celedonio Gregorio and Anastacia de la Torre were charged with the crime of adultery. The complaint alleged that on March 20, 1911, in Cuyapo, Nueva Ecija, Celedonio Gregorio willfully, unlawfully, and criminally lay with Anastacia de la Torre, and that they ran away and united in the house of a councilor, with Gregorio knowing that de la Torre was legally married to the complainant, Cristino Gamit. Procedural History: The defendants were arrested and given a preliminary examination. The justice of the peace found sufficient reason to believe they were probably guilty and held them for trial. In the Court of First Instance, the fiscal filed a complaint. Before trial, Anastacia de la Torre died, and the complaint against her was dismissed. Celedonio Gregorio pleaded not guilty. The trial court found him guilty of adultery and sentenced him to three years, four months, and twenty-one days of prision correccional, with accessory penalties and costs. The Petition: Celedonio Gregorio appealed the decision, arguing that the case could not proceed against him alone after the death of his co-defendant and that the evidence was insufficient to prove his guilt.
Issue(s)
Whether the case against the surviving defendant can proceed after the death of his co-defendant in a charge of adultery. Whether the evidence presented was sufficient to prove the guilt of the defendant for the crime of adultery.
Ruling
The Supreme Court affirmed the judgment of the lower court, with a modification regarding the costs. The sentence was affirmed, but the defendant was required to pay only one-half of the costs of the lower court.
Ratio Decidendi
On the issue of proceeding against the survivor after the death of a co-defendant: The Court held that the case against the surviving defendant can proceed. The complaint was filed against both adulterers as required by law. The death of one of the accused before the trial commences does not abate the criminal action against the survivor. The Court cited Viada's commentaries on the Penal Code, which states that while a complaint for adultery must be lodged against both parties if both are alive, if one is dead, the complaint can be lodged against the adulterer. Therefore, the contention that the lower court erred in proceeding against the survivor alone was found to be untenable. On the sufficiency of the evidence: The Court found the evidence sufficient to prove the guilt of the defendant for the crime of adultery. The evidence showed that the defendant and his co-defendant had been living in the same house for weeks or months and had been seen having actual illicit relations. The offended party was a tenant of the defendant, and the defendant admitted knowing that Anastacia de la Torre was married to the offended party. This evidence clearly established the illicit cohabitation and the knowledge of the marital status, satisfying the elements of the crime of adultery.
Main Doctrine
The death of one co-defendant in a charge of adultery does not prevent the continuation of the case against the surviving defendant, provided a complaint was filed against both. Furthermore, evidence showing cohabitation and actual illicit relations, coupled with knowledge of the marital status, is sufficient to establish guilt for adultery.