MANILA – The Supreme Court (SC) has dismissed an adultery case, reiterating that only the offended spouse may file a complaint for private crimes such as adultery and concubinage.

In a decision penned by Associate Justice Antonio T. Kho, Jr., the SC Second Division reversed the ruling of the Regional Trial Court (RTC) that ordered the reinstatement of the adultery case against Aurel and Michael.

The case stemmed from a complaint for adultery and grave threats filed by Aurel’s husband, Jin, through his representative.

The Metropolitan Trial Court (MeTC) earlier dismissed the adultery charge, citing that only the offended spouse may initiate such a case. The RTC later overturned the MeTC ruling, holding that the filing complied with legal requirements since Jin’s complaint-affidavit was attached to the complaint submitted by his representative.

The SC, however, disagreed.

Citing Rule 110, Section 5 of the Revised Rules of Criminal Procedure and Article 344 of the Revised Penal Code, the Court stressed that adultery and concubinage are private crimes that may be prosecuted only upon a complaint filed by the offended spouse.

The SC explained that the requirement exists “out of consideration for the aggrieved party who might prefer to suffer the outrage in silence rather than go through the scandal of a public trial,” allowing the offended spouse to decide whether to pursue the case in court or resolve the matter privately.

In this case, the Court noted that the adultery complaint was initiated by Jin’s representative, not by Jin himself. While Jin executed his own complaint-affidavit, it was merely attached as an annex and not filed as the principal complaint.

Because this failed to comply with the requirements of the Revised Rules of Criminal Procedure and the Revised Penal Code, the SC ruled that no valid complaint was filed and dismissed the case.

In a concurring opinion, Senior Associate Justice Marvic M.V.F. Leonen called for the strict application of the law in prosecuting private crimes, saying matters involving marital relationships and infidelity are private concerns that should not be interfered with by the government.