G.R. No. L‑3181
United States v. Gumersindo de la Santa
October 10 1907

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FACTS
– Defendant was charged under Art. 443 of the Philippine Penal Code for seduction (estupro) of Teofila Sevilla, a virgin under 23 years at the time of the act (1902).
– The complaint was filed February 1906, when Teofila was over 24 years old.
– The complaint and petition for criminal action were signed and sworn by her father, Esteban Sevilla, who acted as private prosecutor.
– The trial court convicted the defendant.

ISSUE
Whether a criminal action for seduction may be instituted by the father after the offended woman has attained the age of majority, or whether jurisdiction to file the complaint vests exclusively in the offended party once she is of full age.

RULING
– Article 448, Penal Code restricts the institution of seduction prosecutions to the complaint (instancia) of the offended woman or, in order of priority, her parents, grandparents, or guardian only while she is legally incapacitated.
– Once the woman reaches the age of majority (23 years under the Civil Code), the right to institute the action vests solely in her; the father’s later complaint is jurisdiction‑defective and cannot be waived.
– The father’s filing after Teofila was over 23 cannot confer jurisdiction, and the trial court lacked authority to try the case.
– Accordingly, the conviction was reversed and the complaint dismissed with costs awarded de oficio.

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Key Holding: In seduction cases, after the offended woman attains full civil age, only she may institute the criminal proceeding; any complaint filed by a parent thereafter is void for lack of jurisdiction.