G.R. No. 1229, August 19, 1903
FRANCISCO GALI, complainant-appellant, vs. FAUSTINO SAHAGUN, ET AL., defendants-appellees.

FACTS:
The case involves a prosecution for the crime of adultery. The complainant-appellant, Francisco Gali, is the injured husband. The defendants-appellees are Faustino Sahagun and Jacoba Agcanas. The court below (trial court) acquitted the defendants. The Solicitor General appealed the acquittal on behalf of the government. Francisco Gali, as the injured husband, also separately appealed the judgment of acquittal.

ISSUE:
Whether the trial court erred in acquitting the defendants of the crime of adultery.

RULING:
The Supreme Court reversed the judgment of the trial court. The Court held that there was insufficient legal proof to establish the consent of the husband, Francisco Gali. The mere lapse of seven months without the husband filing a complaint for adultery could not be construed as consent. The Court further noted that only the injured husband is entitled to institute proceedings for a crime of this class (adultery); therefore, it disregarded the appeal taken by the fiscal (Solicitor General) and considered only the appeal presented by the husband.

Considering the mitigating circumstances under the Penal Codespecifically Article 11 (lack of instruction) and Article 9, paragraph 2 (the minority of the woman, Jacoba Agcanas, who was 16 years old)the Supreme Court convicted the defendants. Faustino Sahagun was sentenced to two years and four months of prision correccional. Jacoba Agcanas was sentenced to four months and one day of arresto mayor. Both were ordered to pay the costs of the proceedings.