Private crimes are those which cannot be prosecuted except upon complaint filed by the aggrieved party. Strictly speaking, there is no such thing as a private offense since all offenses are an outrage against the State. They are denominated as private offenses only to give deference to the offended party who may prefer not to file the case instead of going through the scandal of a public trial. These include:
- Adultery
- Concubinage
- Seduction
- Abduction
- Acts of Lasciviousness
- Defamation which consists in the imputation of an offense mentioned above.
Prosecution of Adultery and Concubinage
The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse. The offended party cannot institute criminal prosecution without including the guilty parties, if both alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders (Rule 110, Sec. 5, Rules of Court).
● The complaint for adultery and concubinage can only be legally filed by the offended spouse and nobody else (Rule 110, Sec. 5, Rules of Court).
● The criminal complaint cannot be instituted against one party alone. It must be instituted against both the guilty parties, unless one of them is no longer alive (Rule 110, Sec. 5, Rules of Court).
● The action may not be instituted if it shown that the offended party has consented to the offense or has pardoned the offenders (Rule 110, Sec. 5, Rules of Court).
●In this jurisdiction, pardon for adultery and concubinage must come before the institution of the criminal action and both offenders must be pardoned by the offended party if said pardon is to be effective (Ligtas v. CA, G.R. No. L-47498 May 7, 1987).
● The pardon can be express or implied. Thus, when the offended party in writing or in an affidavit asserts that he or she is pardoning his or her erring spouse and paramour for their adulterous act this is a case of express pardon. There is implied pardon when the offended party continued to live with his spouse even after the commission of the offense. However such consent or pardon cannot be implied when the offended party allows his wife to continue living in the conjugal home after her arrest only in order to take care of their children (Ligtas v. CA, G.R. No. L-47498 May 7, 1987).
● After filing the complaint, any pardon given by the offended spouse to the guilty spouse will not cause the dismissal of the case.
● The term "private crimes" in reference to felonies which cannot be prosecuted except upon complaint filed by the aggrieved party, is misleading. Far from what it implies, it is not only the aggrieved party who is offended in such crimes but also the State. Every violation of penal laws results in the disturbance of public order and safety which the State is committed to uphold and protect. If the law imposes the condition that private crimes like adultery shall not be prosecuted except upon complaint filed by the offended party, it is, as herein pointed earlier "out 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." Once a complaint is filed, the will of the offended party is ascertained and the action proceeds just as in any other crime. This is shown by the fact that after filing a complaint, any pardon given by the complainant to the offender would be unavailing. It is true, the institution of the action in so-called private crimes is at the option of the aggrieved party. But it is equally true that once the choice is made manifest, the law will be applied in full force beyond the control of, and in spite of the complainant, his death notwithstanding (Donio-Teves v. Vamenta, G.R. No. L-38308. December 26, 1984).
● The offended spouse must still be married to the guilty spouse at the time of the filing of the complaint. Thus, a husband who obtained a decree of divorce abroad can no longer file an adultery case against his wife since he is no longer legally married to her. Being no longer the husband of the alleged offending spouse, he has no legal standing to sue. He cannot now be considered as an offended spouse (Pilapil v. Ibay-Somera, G.R. No. 80116, June 30, 1989).
● Death of the offended party is not a ground for extinguishment of criminal liability whether total or partial. The participation of the offended party is essential not for the maintenance of the criminal action but solely for the initiation thereof. Once, the offended party initiates the action, the law will be applied in full force beyond the control of, and in spite of the complainant, his death notwithstanding. (Donio-Teves v. Vamenta, G.R. No. L-38308. December 26, 1984).
● The death of one of the accused after a complaint for concubinage or adultery has been filed by the offended spouse does not affect the prosecution against the surviving accused.
Prosecution of seduction, abduction and acts of lasciviousness (SALA)
The offenses of seduction, abduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian, nor, in any case, if the offender has been expressly pardoned by any of them. If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the State shall initiate the criminal action in her behalf.The offended party, even if a minor, has the right to initiate the prosecution of the offenses of seduction, abduction and acts of lasciviousness independently of her parents, grandparents, or guardian, unless she is incompetent or incapable of doing so. Where the offended party, who is a minor, fails to file the complaint, her parents, grandparents, or guardian may file the same. The right to file the action granted to parents, grandparents or guardian shall be exclusive of all other persons and shall be exercised successively in the order herein provided, except as stated in the preceding paragraph.
● The complaint for seduction, abduction and acts of lasciviousness must be filed by:
1. The offended party [Even if she is a minor, she has the right to initiate the prosecution of SALA independently of her parents, grandparents, or guardian unless she is incompetent or incapable of doing so. If she is of legal age, she alone can bring the action unless she is incompetent or incapable of doing so.];
2. The parents if the victim is a minor who refuses to file, or is incapacitated as when she is demented or insane;
3. The grandparents;
4. The legal or the court appointed guardian; and
5. The state, as parens patriae, when the victim dies or becomes incapacitated before she can file the complaint and has no known parent, grandparents or guardian.
● The enumeration is exclusive and successive.
● Under this rule, the pardon must be expressly made.
Prosecution of defamation
No criminal action for defamation which consists in the imputation of the offenses mentioned above shall be brought except at the instance of and upon complaint filed by the offended party (Rule 110, Sec. 5, Rules of Court).
● The defamation under this rule consists in the imputation of the crimes of adultery, concubinage, seduction, abduction and acts of lasciviousness.
● The criminal action for defamation may only be prosecuted at the instance of and upon complaint filed by the offended party. Only the offended party can initiate the criminal action.
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