Death of the Offended Party Not Ground for Dismissal

The death of the party in private crimes does not abate the prosecution.

DONIO vs. VAMENTA
G.R. No. L-38308 December 26, 1984

133 SCRA 616

FACTS: 

Milagros Donio-Teves and Manuel Moreno are accused of and charged with 'ADULTERY' before the CFI Iloilo. During the pendency of the case, the offended spouse, Julian Teves, died. Donio filed a motion to quash.

HELD:  

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. 

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.