28/01/2026
The (SC) has dismissed an adultery case filed by the representative of a married man, reiterating that only the offended spouse may file the complaint.
In a Decision written by Associate Justice Antonio T. Kho, Jr., the SCโs Second Division dismissed the adultery charge filed by Jin Chiba, through a representative, against his wife, Aurel Ann Chua-Chiba and her co-accused Michael Llona. SC reversed the ruling of the Regional Trial Court (RTC), which had ordered the reinstatement of the adultery case against Aurel and Michael.
Aurelโs husband, Jin, through his representative, filed a complaint for adultery and grave threats against the two.
The Metropolitan Trial Court (MeTC) dismissed the adultery charge, citing that only the offended spouse can initiate it.
The RTC overturned the MeTCโs decision, confirming that the filing met legal standards because Jinโs complaint-affidavit was actually attached to the complaint submitted by his representative.
The SC disagreed and reiterated that adultery is a private crime that may be prosecuted only upon a complaint filed by the offended spouse, citing Rule 110, Section 5, of the ๐๐ฆ๐ท๐ช๐ด๐ฆ๐ฅ ๐๐ถ๐ญ๐ฆ๐ด ๐ฐ๐ง ๐๐ณ๐ช๐ฎ๐ช๐ฏ๐ข๐ญ ๐๐ณ๐ฐ๐ค๐ฆ๐ฅ๐ถ๐ณ๐ฆ and Article 344 of the ๐๐ฆ๐ท๐ช๐ด๐ฆ๐ฅ ๐๐ฆ๐ฏ๐ข๐ญ ๐๐ฐ๐ฅ๐ฆ (RPC).
The SC explained that this requirement exists โout 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.โ The law allows the offended spouse to decide whether to bring the matter to court or handle it privately.
In this case, the complaint for adultery was not initiated by the offended spouse but by his representative. Although Jin submitted his own complaint-affidavit, it was only included as an annex to his representativeโs complaint.
Because there is failure to meet the requirement under the ๐๐ฆ๐ท๐ช๐ด๐ฆ๐ฅ ๐๐ถ๐ญ๐ฆ๐ด ๐ฐ๐ง ๐๐ณ๐ช๐ฎ๐ช๐ฏ๐ข๐ญ ๐๐ณ๐ฐ๐ค๐ฆ๐ฅ๐ถ๐ณ๐ฆ and the RPC, the SC held that no valid complaint was filed and dismissed the case.
Read the full text of the press release at https://sc.judiciary.gov.ph/?p=159759
Read the full text of the Decision at https://sc.judiciary.gov.ph/?p=159743
Read the Concurring Opinion of Senior Associate Justice Marvic M.V.F. Leonen at https://sc.judiciary.gov.ph/?p=159748
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