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People vs.

Zapata Facts: On March 14, 1947 Andres Bondoc filed a complaint against his wife Guadalupe Zapata, and Dalmacio Bondoc, her paramour, for cohabiting and having repeated sexual intercourse during the period from the year 1946 to the date of the filing of the complaint. Guadalupe Zapata entered a plea of guilty and is sentenced to suffer four months imprisonment. On September 17, 1948 the plaintiff then again filed the same complaint to the defendants for the period from March 15, 1947 to the date of the filing of the second complaint on the ground that defendants continues to do such acts despite of the filing of the complaint. The defendants filed a motion to quash the complaint on the ground that they would be twice put in jeopardy of punishment for the same offense. Issue: Are the offenses considered separate? Ruling: The Supreme Court ruled that for a crime to be considered as continuous and be marked as one there should be plurality of acts performed separately during a period of time but that period of time is affected by the filing of the complaint. Therefore , acts made after the filing of the complaint are separate and the doer shall be liable of which separate from the acts made prior to the complaint. The offenses are considered separate. Each sexual intercourse constitutes a crime of adultery.

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