Imelda Manalaysay Pilapil, petitioner,

Vs. Hon. Corona Ibay-Somera, Hon. Luis C. Victor,

And Erich Ekkehard Geiling, respondents
G.R. No. 80116 June 30, 1989
Facts:
The case pertains the marriage of a Filipina, Imelda Manalaysay and a German
national, Erich Ekkehard Geiling which ended in a foreign absolute divorce. They were
married before the Registrar of Births, Marriages and Deaths at Friedenweiler, Federal
Republic of Germany.
The marriage started auspiciously enough, the couple lived in Malate, Manila for
some time, where their only child, Isabella Pilapil Geiling was born. Thereafter, marital
discord set in. It was followed by a separation de facto.
Private respondent initiated a divorce proceeding against petitioner in Germany
before the Schoneberg Local Court. He claimed that there were was failure of their
marriage and that they have been living apart.
Schoneberg Local Court, Federal Republic of Germany, promulgated a decree of
divorce on the ground of failure of marriage of the spouses. German law said court was
locally and internationally competent for the divorce proceeding and that the dissolution
of said marriage was legally founded on and authorized by the applicable law of that
foreign jurisdiction.
More than five months after the issuance of the divorce decree, private respondent
filed two complaints for adultery alleging that, while still married to said respondent,
petitioner had an affair with a certain William Chia and Jesus Chua. After corresponding
investigation, it was recommended to be dismissed on the ground of insufficiency of
evidence. However, the respondent city fiscal approved a resolution and directing the
filing of the two complaints for adultery.
Issue:
Whether the resolution be set aside.
Whether the petitioner be charged of adultery.
Ruling:
Yes, the resolution should be set aside, and No, the petitioner should be dismissed
of adultery. It is because of Nationality Theory wherein the final divorce decree under the
private respondent’s national law have already been obtained and was no longer the
offended spouse prior to his filing the criminal complaint.