Pilapil, a Filipino citizen, and Geiling, a German national, were married in Germany. The couple lived together for some time in Malate, Manila where their only child, Isabella Pilapil Geiling, was born on April 20, 1980.
On the grounds of alleged failure of their marriage, Geiling filed a divorce against Pilapil in Germany. The divorce of decree was granted. On the other hand, the petitioner filed an action for legal separation, support and separation of property before the Regional Trial Court of Manila.
More than five months after the issuance of the divorce decree, Geilingt filed two complaints for adultery before the City Fiscal of Manila alleging that, while still married, Pilapil had an affair with 2 men.
Petitioner filed a motion to quash on the ground of lack of jurisdiction because Geiling does not qualify as an offended spouse having obtained a final divorce decree under his national law prior to his filing the criminal complaint.