Pilapil v. Ibay-Somera
G.R. No. 80116
June 30, 1989
IMELDA MANALAYSAY PILAPIL, petitioner,
vs.
HO N. 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.
Facts:
On September 7, 1979, Imelda Manalaysay Pilapil, a Filipino, was married to Erich Geiling, a German national, in the Federal Republic of Germany. However, there was marital discord between them, and they separated de facto. After more than three years into the marriage, Geiling filed for divorce in Germany, which was granted on January 15, 1986. On June 27, 1986, Geiling filed two cases of adultery against Imelda.
The Revised Penal Code of the Philippines states that in cases of adultery, the complaint should be raised by the offended spouse. However, by the time of filing the case, Geiling had already been divorced from Pilapil.
Issue:
Can the adultery suit filed by Geiling prosper?
Ruling:
No. The law clearly provides that only the offended spouse may complain regarding adultery. Since Geiling and Pilapil were already divorced, the former does not have the legal standing in the case. The divorce was valid in Germany and should also be deemed valid in the Philippines since it was initiated by the foreign spouse.
It's a Ping Thing 