THE UNITED STATES, PLAINTIFF AND APPELLEE, VS. FRANCISCO GARCIA ET AL., DEFENDANTS AND APPELLANTS.

An appeal from a judgment of the Court of First Instance condemning the
appellants, Francisco Garcia and Ursula Buan, the first to one year eight months
and twenty-one days of prision correccional, and the second to two
years four months and one day of destierro, and each to pay one-half
the costs of the cause, for the crime of concubinage.

The testimony of record shows that the appellant Francisco Garcia abandoned
his lawful wife, Benita Dizon, and took unto himself the other appellant as his
concubine. The two appellants for a long time prior to the institution of this
action were living together openly, publicly, and scandalously as man and wife.
As a result of this union Buan gave birth to a child.

Benita Dizon filed in the justice of the peace court on December 23, 1911, a
formal complaint, which was sworn to, against these two appellants charging them
with having violated the provisions of article 437 of the Penal Code. A
preliminary investigation was held, and the justice of the peace, finding that a
crime had been committed and that there was probable cause to believe that these
appellants had committed the crime, issued an order directing them to appear
before the Court of First Instance to answer this charge. The provincial fiscal
upon the record, which included the complaint filed by Dizon, prepared and
presented to the court an information charging the appellants with the same
offense. It is now insisted that the trial court did not acquire jurisdiction of
the persons of the appellants and the subject matter of the action, because the
information was signed by the fiscal and not by the offended party. We think
this objection not well-founded for the reason that this criminal action or
prosecution was instituted by the aggrieved person, Benita Dizon, when she filed
her complaint in the court of the justice of the peace. The prosecution having
been thus instituted whereby the courts acquired jurisdiction of both the
persons and the subject matter of the action, the fiscal was authorized to file
his information and make it the basis upon which the proceedings in the Court of
First Instance might be continued to a final determination.

For the foregoing reasons the judgment appealed from is affirmed, with costs
against the appellants.

Arellano, C. J., Carson, Moreland, and Araullo, JJ.,
concur.