Dear PAO,

My brother caught his wife cheating on him with another man. His discovery stunned all of us in the family since the affidavit of my brother stated that he saw them in the act of sexual intercourse. The moment my brother learned about this, he immediately filed a complaint for adultery before the police and the prosecutor’s office. However, to our deep sorrow, he died of a heart attack a few days later even before the case was filed in court. Because of this, his wife and her paramour filed a motion to quash since, accordingly, cases like adultery can only be filed by the offended spouse. We really hope that we can vindicate our brother, but would the case really be dismissed because of his death? Is it true that only he can file a case for adultery?

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