Practice question
Before any prosecution, an offended husband expressly pardons both alleged offenders for adultery. He later files a complaint for the same offense. Under the stated facts, may the private-crime prosecution proceed over the pardon?
- Yes; pardon is irrelevant before prosecution
- Yes; only the prosecutor's preference matters
- No; Rule 110 bars institution when the offended spouse has pardoned the offenders
- Yes; inclusion of both offenders cancels the pardon
- No; marriage removes criminal liability for every offense
Legal references
- https://lawphil.net/courts/rules/rc_110-127_crim.html — Rule110 §§2–4,5 private-crime clauses,10,15–16 and Rule111; read §5 first paragraph with AM02-2-07-SC amendment.
- https://lawphil.net/judjuris/juri2025/may2025/gr_277020_2025.html — Chua-Chiba v Chiba, GR277020, May19 2025, MAIN decision (offended-spouse complaint and statutory court jurisdiction).
- https://chief.lawphil.net/courts/supreme/am/am_02-2-07-sc_2002.html — A.M. No. 02-2-07-SC, April 10, 2002, effective May 1, 2002 (written authorization and court approval of private prosecution).
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