G.R. No. L-6539 / February 2, 1912
THE UNITED STATES, plaintiff-appellee, vs. VICTORINO DE LOS SANTOS, defendant-appellant.

FACTS

The defendant, Victorino de los Santos, was charged with the crime of seduction. The information alleged that in 1908-1909, while he was a public official and a guest in the house of Bernardo Gonzalez, he courted Gonzalez’s unmarried daughter, Virginia, made promises of marriage, and had carnal intercourse with her on multiple occasions, resulting in her pregnancy. The complaint was filed by the provincial fiscal (prosecuting attorney) in both the justice of the peace court and the Court of First Instance. It was not filed by the offended woman, her parents, grandparents, or guardian.

ISSUE

Whether the Court of First Instance acquired jurisdiction over the case, given that the complaint for seduction was filed by the prosecuting attorney and not by the offended party or her relatives as required by law.

RULING

No. The judgment of the lower court is reversed, the information is dismissed, and the defendant is ordered discharged. Under Section 1 of Act No. 1773 , the crimes of estupro (which includes seduction) and others, when committed against persons other than public officials, could not be prosecuted except upon a complaint filed by the aggrieved person or her parents, grandparents, or guardian. The complaint filed by the fiscal (a public prosecutor) did not satisfy this mandatory requirement. Consequently, the court never acquired jurisdiction over the person of the defendant or the subject matter of the action. Following established precedents, the prosecution was void from its inception.