G.R. No. L-6201 / August 12, 1911
THE UNITED STATES, plaintiff-appellee, vs. SEVERO DE UNGRIA, defendant-appellant.

FACTS

The defendant, Severo de Ungria, was convicted of the crime of seduction and sentenced to four months of arresto mayor. The offended person reported the crime to the justice of the peace, and after a preliminary investigation, the provincial fiscal (not the offended person) filed the formal complaint in the Court of First Instance. The criminal act was committed between 1904 and 1906.

ISSUE

Whether the criminal proceedings for seduction were validly instituted when the formal complaint was filed by the provincial fiscal instead of the offended person or her legal representatives, considering the crime was committed before the enactment of Act No. 1773.

RULING

No. The Supreme Court reversed the judgment and dismissed the case. The law applicable was Article 448 of the Penal Code, as the crime was committed between 1904 and 1906, prior to the effectivity of Act No. 1773 (which took effect on October 11, 1907). Under Article 448, criminal proceedings for seduction could only be instituted upon the formal complaint (instancia or querella) of the offended person or her parents, grandparents, or guardian. A mere accusation (denuncia) was insufficient, and the fiscal or any other person was excluded from filing the complaint. Since the complaint in this case was filed by the provincial fiscal and not by the proper party, the Court of First Instance lacked jurisdiction. Consequently, all proceedings were null and void. The case was finally dismissed.