The Supreme Court (SC) has dismissed an adultery case filed by a husband, through his representative, against his wife and her lover as it pointed out that only the offended party may file the complaint.

In a decision written by Associate Justice Antonio T. Kho Jr., the SC cited Rule 110, Section 5, of the Revised Rules of Criminal Procedure and Article 344 of the Revised Penal Code (RPC) which provide that adultery and concubinage are private crimes that may be prosecuted only upon a complaint filed by the offended spouse.

It 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.”

It also said that the law allows the offended spouse to decide whether to bring the matter to court or handle it privately.

Adultery “is committed by a married woman who has sexual intercourse with a man other than her husband, and by the man who has carnal knowledge of her knowing she is married.”

With the ruling, the SC reversed the decision of the Regional Trial Court (RTC) which had ordered the reinstatement of the adultery case against Aurel and Michael filed by Jin, the husband of Aurel, through a representative.

The Metropolitan Trial Court (MeTC) had dismissed the adultery charge with a ruling that only the offended party can initiate it.

In reversing the METC’s ruling, the RTC confirmed that the filing of the adultery case met legal standards because Jin’s complaint-affidavit was actually attached to the complaint submitted by his representative.

In reversing the RTC’s decision and ordering the dismissal of the adultery case, the SC pointed out that the complaint for adultery was not initiated by the offended spouse but by his representative.

It said that although Jin, the husband, submitted his own complaint affidavit, it was only included as an annex to his representative’s complaint.

Because this failed to meet the requirement under the Revised Rules of Criminal Procedure and the RPC, no valid complaint was filed and the case is ordered dismissed, the SC ruled.

In his concurring opinion, Senior Associate Justice Marvic M.V.F. Leonen called for the strict application of the law when prosecuting private crimes.

He pointed out that the relationship between spouses, including cases of infidelity, is a private matter that the government should not interfere with.