G.R. No. L-7516, February 1, 1912
ROMANA QUILATAN and SIMON SANTIAGO, petitioners, vs. EMILIANO CARUNCHO, provincial jailer of Rizal, respondent.

FACTS

A criminal complaint for adultery was filed against Romana Quilatan and Simon Santiago in the justice of the peace court of Las Piñas, Rizal. After a preliminary investigation, the justice of the peace dismissed the complaint and released the accused. Subsequently, the provincial fiscal reviewed the record and concluded there was sufficient evidence for trial. He then filed an information in the Court of First Instance charging the petitioners with adultery. Based on this information, the court issued an arrest order, and the petitioners were arrested and confined in the provincial jail. They filed a petition for a writ of habeas corpus, alleging their confinement was illegal.

ISSUE

Whether the Court of First Instance acquired jurisdiction to order the arrest and confinement of the petitioners based solely on the provincial fiscal’s information, without a complaint filed by the offended husband.

RULING

No. The Court of First Instance did not acquire jurisdiction. Under Act No. 1773 , adultery remained a private crime that could only be prosecuted upon a complaint filed by the offended spouse, even if the offended party was a public official or employee. The provincial fiscal had no authority to initiate prosecution via information after the justice of the peace had dismissed the original complaint. The dismissal terminated the case, and only the offended husband could file a new complaint. Since no such complaint was filed, the court lacked jurisdiction over the persons of the petitioners and the subject matter. Consequently, their confinement was illegal. The petitioners were ordered released immediately. Costs were taxed de oficio.