G.R. No. L-8144; August 6, 1913
THE UNITED STATES, plaintiff-appellee, vs. ANASTACIA DE LA TORRE and CELEDONIO GREGORIO, defendants. CELEDONIO GREGORIO, appellant.

FACTS

Celedonio Gregorio and Anastacia de la Torre were charged with adultery based on a complaint filed by the offended husband, Cristino Gamit. The complaint alleged that Gregorio, knowing De la Torre was married to Gamit, had illicit relations with her in March 1911. After a preliminary examination, both were held for trial in the Court of First Instance. Before trial, Anastacia de la Torre died, leading to the dismissal of the case against her. The trial proceeded against Gregorio, who pleaded not guilty. The lower court found Gregorio guilty and sentenced him to prision correccional. Gregorio appealed, arguing that the trial could not proceed against him alone after his co-defendant’s death and that the evidence was insufficient for conviction.

ISSUE

(1) Whether the death of the female co-defendant in an adultery case bars the continuation of the trial against the surviving male defendant. (2) Whether the evidence was sufficient to prove Gregorio’s guilt beyond reasonable doubt.

RULING

(1) No. The death of one defendant in an adultery case does not preclude the continuation of the trial against the surviving defendant. The complaint was validly filed against both guilty parties as required by law. The requirement to accuse both applies only when both are alive. Citing Viada, the Court held that the complaint against the surviving adulterer is proper. (2) Yes. The evidence was sufficient to establish Gregorio’s guilt. The record showed that Gregorio lived with De la Torre for some time and was seen having illicit relations with her. Gregorio admitted he knew De la Torre was married to the complainant. The judgment of the lower court was affirmed, with the modification that Gregorio pay only one-half of the costs of the lower court.