GR L 25710; (August, 1969) (Digest)
G.R. No. L-25710 August 28, 1969
IN THE MATTER OF THE PETITION FOR HABEAS CORPUS OF AQUILINO DEL ROSARIO, JR. and AQUILINO DEL ROSARIO, SR., AQUILINO DEL ROSARIO, JR. and AQUILINO DEL ROSARIO, SR., petitioners-appellees, vs. JUANITA OLIDAR VDA. DE MERCADO, complainant-appellant.
FACTS
Petitioners Aquilino del Rosario, Jr. and Aquilino del Rosario, Sr. filed a petition for habeas corpus. Aquilino del Rosario, Jr. was confined in the municipal jail of Aringay, La Union, by virtue of a warrant of arrest issued by the municipal court based on a criminal complaint for murder filed by Juanita Olidar Vda. de Mercado, the widow of the victim, Orencio Mercado. The petitioners contended that the complaint was void because it was not signed by the “offended party” as required by Rule 110, Section 2 of the Rules of Court, arguing that the widow, as merely an heir, was not the offended party. The Court of First Instance of La Union, presided by Judge Jose P. Flores, granted the writ, holding that the term “offended party” refers only to the person actually injured (the deceased) and that in such a case, only prosecuting officers could file the complaint, rendering the widow’s complaint void and the detention illegal.
ISSUE
Whether a widow can be considered an “offended party” within the meaning of Rule 110, Section 2 of the Rules of Court, entitled to file a complaint for the murder of her deceased husband.
RULING
Yes. The Supreme Court reversed the lower court’s decision. It held that a widow is an offended party with the right to file a criminal complaint for the murder of her husband. The Court reasoned that the death of a spouse vitally affects the survivor, resulting in the loss of consortium and material support, and causing undeniable suffering. To exclude the widow from being considered an offended party would be illogical and contrary to common sense. Furthermore, public interest demands that crimes should not go unpunished, and a contrary rule could lead to deplorable consequences, especially when the accused is a member of the police force, as in this case, where peace officers failed to initiate prosecution. The Court distinguished the case of Guevarra v. Del Rosario, limiting its general statements to its specific facts, and explicitly held that a widow possesses the right to file such a complaint. The case was remanded to the municipal court for further proceedings.