G.R. No. L-6008, March 23, 1911
THE UNITED STATES, plaintiff-appellee, vs. FAUSTINA ORTIZ and NUMERIANO REGALADO, defendants-appellants.

FACTS

A criminal case for adultery was commenced and prosecuted through a complaint filed by the provincial fiscal. The offended husband did not personally file a formal written complaint. Although the fiscal’s complaint stated it was presented at the instance of the offended party, and the husband testified that he denounced the crime to the fiscal and requested the filing of a complaint, no complaint executed in writing by the offended husband himself was submitted.

ISSUE

Whether the court acquired jurisdiction over the case, given that the prosecution for adultery was instituted based on the fiscal’s complaint and not upon a written complaint personally executed by the offended husband as required by law.

RULING

No. The Supreme Court reversed the judgment appealed from and dismissed the case. Under Section 1 of Act No. 1773 , prosecutions for adultery (adulterio) must be instituted upon the complaint of the aggrieved person, executed in writing by the offended party personally if competent to do so. Interpreting this provision, the Court held that for the court to acquire jurisdiction over the person of the defendant and the subject matter in such cases, a proper written complaint by the offended party is indispensable. The fiscal’s complaint, even if filed at the instance of the husband, does not satisfy this statutory requirement. The absence of a valid complaint by the offended party is fatal to the prosecution. Costs were ordered de oficio.