(G.R. No. 80116) Pilapil vs HON.

CORONA IBAY-SOMERA, in her capacity as Presiding Judge of the Regional Trial Court of Manila, Branch XXVI; HON. LUIS C. VICTOR, in his capacity as the City Fiscal of Manila; and ERICH EKKEHARD GEILING, respondents. Ibay-Somera FACTS: Imelda M. Pilapil, a Filipino citizen, was married with German national, Erich Ekkehard Geiling, before the Registrar of Births, Marriages and Deaths at Friedensweiler, Federal Republic of Germany. They have a child named Isabella Pilapil Geiling. Conjugal disharmony eventuated in their marriage, led the respondent to initiate a divorce proceeding against petitioner in Germany before the Schoneberg Local Court in January 1983. The petitioner then filed an action for legal separation, support and separation of property before the RTC Manila on January 23, 1983. The decree of divorce was promulgated on January 15, 1986 on the ground of failure of marriage of the spouses. The custody of the child was granted to the petitioner. On June 27, 1986, private respondent filed 2 complaints for adultery before the City Fiscal of Manila alleging that while still married to Imelda, latter had an affair with William Chia as early as 1982 and another man named Jesus Chua sometime in 1983. ISSUE: Whether or not the case for adultery should prosper. Considering private petitioner are no longer husband and wife as decree of divorce was already issued.

HELD: The law provided that in prosecution for adultery and concubinage, the person who can legally file the complaint should be the offended spouse and nobody else. Though in this case, it appeared that private respondent is the offended spouse, the latter obtained a valid divorce in his country, the Federal Republic of Germany, where its legal effects may be recognized in the Philippines. Thus, under the same consideration and rationale, private respondent is no longer the husband of petitioner and therefore has no more legal standing to commence the alleged adultery case under the situation that he was the offended spouse at the time he filed suit.

DIGESTED BY: VINZIN M. SAVANDO SUBJECT: PERSONS AND FAMILY RELATION