Aggrieved husband wants to sue wife for adultery
"I am a public school teacher and I want to know how I can file a case for adultery against my wife. I hope you can help me.
The Revised Penal Code defines certain wrongdoings as crimes and makes it punishable. Article 333 thereof define adultery:“Article 333. Who are guilty of adultery. — Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.
“Adultery shall be punished by prision correccional in its medium and maximum periods.`“If the persons guilty of adultery committed this offense while being abandoned without justification by the offended spouse, the penalty next lower in degree than that provided in the next preceding paragraph shall be imposed.”
The crime of adultery has the following elements: 1) that the woman is married 2) that she has sexual intercourse with a man not her husband and 3) that as regards the man with whom she has sexual intercourse, he must know her to be married (Luis B. Reyes, Revised Penal Code, Book II, 14th Ed., page 849). It should be noted that adultery is a private crime which may only be prosecuted by the offended spouse. Furthermore, the offended party cannot institute criminal prosecution without including the guilty parties, if both are alive, nor, in any case, if the offended party has consented to the offense or pardoned the offenders (Section 5, Rule 110, Rules of Court). If all of the foregoing were present, the offended spouse may initiate the prosecution of adultery by executing a sworn written statement charging his spouse with the offense of adultery. This shall be subscribed before the prosecutor of the place where the adulterous act is committed.We can only imagine the difficult situation that you are currently in. However, the filing of a criminal case especially to the one person whom you have decided to share your life with, involves legal intricacies which a person without legal background may not be familiar with. On this note, we highly recommend that you go to the nearest Public Attorney’s Office in your place so you can tell the whole details of your concern. We have trained and dedicated lawyers who are more than willing to help you with your legal concerns.We hope that we were able to address your concern. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to email@example.com."
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"Aggrieved husband wants to sue wife for adultery"
was written by Mary
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comments. The article was created on 14 September 2021
and updated on 14 September 2021