When to file bigamy, concubinage charges
"My husband and I decided to live separately in May of last year. He went back to their house in Makati City and I stayed with my parents in Caloocan City. I was the one who initiated the separation because he was hurting me as well as our daughter.While we were separated, we tried our best not to communicate with each other. I got nothing from him even for child support. In January of this year, I was surprised when he contacted me and said that he wanted to talk about us and asked for assurance that I would not go after him if he decided to live with another girl.
Later, the wife of my husband’s cousin asked me if my husband and I were married. I answered “yes.” We had our civil marriage in Makati City in 2005. Then she replied, how come my husband was inviting them to his wedding.My husband and his girl introduced themselves as husband and wife in the community and are living together as husband and wife. Even in social networking sites, they announced their union. I even have pictures of them.
How do I go about this? Please help me.Sincerely,
It is disheartening on your part that your husband is displaying his infidelity to everyone. What is worse than this is his intention to marry his girl despite the fact that you are still married to him. Even if you and your husband are no longer living together (separated in fact) your husband is still not free to live with another woman and/or marry her.Article 334 of the Revised Penal Code provides, 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.”
Obviously, under the above-quoted provision of the law, you may hold your husband and his concubine liable for the crime of concubinage if you have proof beyond reasonable doubt that your husband and his girl are having sexual intercourse, under scandalous circumstances, or that they are cohabiting in any other place.On the other hand, if your husband has pursued with his intention of contracting another marriage with his girl without your first marriage having been annulled, then the proper indictment to be filed against your husband is bigamy and not concubinage.Article 349 of the same Code provides, to wit:“Art. 349. Bigamy.—The penalty of prision mayor shall be imposed upon any person who shall contract a second or subsequent marriage before the former marriage has been legally dissolved, or before the absent spouse has been declared presumptively dead by means of a judgment rendered in the proper proceedings.”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 or via text message key in: Times dearpao and send to 2299)."
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"When to file bigamy, concubinage charges"
was written by Mary
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comments. The article was created on 16 September 2021
and updated on 16 September 2021