Practice question
A husband properly initiates an adultery complaint against both living accused without having consented to the offense or pardoned them. After prosecution begins, he executes an affidavit forgiving both and demands dismissal solely because of this new pardon. What is the proper conclusion?
- The new pardon automatically bars further prosecution.
- The affidavit alone does not compel dismissal; pardon must precede the complaint to bar institution under Article 344.
- The affidavit automatically acquits both accused on the merits.
- The husband may privately reverse any judgment.
- The complaint becomes void from the start merely because he later forgives.
Legal references
- https://lawphil.net/statutes/acts/act1930/act_3815_1930.html — Article 344.
- https://lawphil.net/judjuris/juri1991/nov1991/gr_96602_1991.html — Arroyo v. Court of Appeals, G.R. 96602 and 96715, November 19, 1991, Court resolution.
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