Home » Articles » Legal Advice

Man guilty of concubinage may be jailed for 4 years...

Man guilty of concubinage may be jailed for 4 years
"I have been planning on filing a case against my husband and his other woman who has been cohabiting with him for over a year. Their relationship has given me so much pain, heartache and caused my physical condition to deteriorate. If ever a case is filed in court and the two are found guilty, how long would they be staying in prison? SusanDear Susan, It is evident that your husband and her mistress may be held liable for concubinage. This offense is punishable under Article 334 of the Revised Penal Code of the Philippines, to wit:“Art. 334. Concubinage. — Any husband who shall keep a mistress in the conjugal dwelling, or shall have sexual intercourse, under scandalous circumstances, with a woman who is not his wife, or shall cohabit with her in any other place, shall be punished by prision correccional in its minimum and medium periods. The concubine shall suffer the penalty of destierro.”Based on the aforementioned law, a husband who shall be found guilty of violating the same shall be imprisoned for a minimum period of 6 months and 1 day to 2 years and 4 months and to a maximum period of 2 years and 1 day to 4 years and 2 months. However, the mistress or the concubine shall not suffer the penalty of imprisonment but that of destierro. The said penalty is defined under Article 87 of the Revised Code of the Philippines as follows:“Art. 87. Destierro. — Any person sentenced to destierro shall not be permitted to enter the place or places designated in the sentence, nor within the radius therein specified, which shall be not more than 250 and not less than 25 kilometers from the place designated.”You may also file a criminal case for violation of Republic Act No. 9262 otherwise know as the Anti-Violence Against Women and Their Children Act of 2004 against your husband for making you suffer emotionally/psychologically. This is particularly provided under section 5 of this law which states:“SECTION 5. Acts of Violence Against Women and Their Children.- The crime of violence against women and their children is committed through any of the following acts: xxx(i) Causing mental or emotional anguish, public ridicule or humiliation to the woman or her child, including, but not limited to, repeated verbal and emotional abuse, and denial of financial support or custody of minor children of access to the woman’s child/children.”Any person found to be guilty of Section 5 (i) of the said law shall suffer the penalty of prision mayor or imprisonment from 6 years and 1 day to 12 years (Section 6(f) RA 9262).Again, we find it necessary to mention that this opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated.We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net."

Please support us in writing articles like this by sharing this post

Share this post to your Facebook, Twitter, Blog, or any social media site. In this way, we will be motivated to write articles you like.

--- NOTICE ---
If you want to use this article or any of the content of this website, please credit our website (www.affordablecebu.com) and mention the source link (URL) of the content, images, videos or other media of our website.

"Man guilty of concubinage may be jailed for 4 years" was written by Mary under the Legal Advice category. It has been read 138 times and generated 0 comments. The article was created on and updated on 15 September 2021.
Total comments : 0