FACTS:

Petitioner Imelda Manalaysay Pilapil, a Filipino citizen, and private respondent Erich
Ekkehard Geiling, a German national, were married. Because of marital disharmony, private
respondent filed a divorce and was granted before the Schoneberg Local Court in in
Germany. After more than five months after the issuance of the divorce decree, private
respondent filed two complaints for adultery before the City Fiscal of Manila against the
petitioner. Private respondent entered a plea of not guilty. Petitioner filed special civil action
for certiorari.
ISSUE:
Whether a former husband can file a suit of adultery against his former wife?
RULING:
We find this petition meritorious. The writs prayed for shall accordingly issue. Under
Article 344 of the Revised Penal Code, the crime of adultery, as well as four other crimes
against chastity, cannot be prosecuted except upon a sworn written complaint filed by the
offended spouse