Woman wants to charge lover with concubinage
"I have a live-in partner for almost seven years now. We have two children aged 3 and 5 years old who were duly acknowledged in their birth certificates as his children. I discovered that my live-in partner is having an affair with a married woman. I am deeply affected by his infidelity especially now that they will be having a child.
He is also refusing to give support to our two children. Can I file a case for concubinage and adultery against the two of them?Grace
Dear Grace,We can only imagine the difficult situation that your live-in partner has brought you into. We understand that because of this, you want him and her other woman to be accordingly dealt with by our law. However, you cannot file a criminal case for concubinage against your live-in partner.
Concubinage is committed by 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 (Article 344, Revised Penal Code).One of the elements of concubinage is that the offender must be a married man. Since there is no marriage between you and your live-in partner, you cannot validly prosecute him for concubinage.
On the other hand, adultery is committed by any married woman who shall have sexual intercourse with a man not her husband, and by a man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void (Article 333, Revised Penal Code).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) as regards the man with whom she has sexual intercourse, he must know her to be married. Note, however, that the crime of adultery is a private crime, which may only be prosecuted by the offended spouse (Section 5, Rule 110, Rules of Court).Hence, only the husband of the adulteress can file a criminal case against your live-in partner’s other woman. Your live-in partner may also be prosecuted for adultery by the adulteress’ husband if it can be proven that your live-in partner knew that he is having a relationship with a married woman.Your live-in partner’s refusal to give support to his two acknowledged illegitimate children is a form of economic abuse, which is punishable under Section 5(e)(2) of Republic Act 9262, otherwise known as Anti-Violence Against Women and their Children Act of 2004.
The Regional Trial Court, designated as a Family Court shall have original and exclusive jurisdiction over violation of RA 9262. In the absence of such court in the place where the offense was committed, the case shall be filed in the Regional Trial Court where the crime or any of its elements was committed at the option of the complainant.Finally, we wish to remind you that this opinion is solely based on your narration of facts and our appreciation of the same. The opinion may vary if other facts are added or elaborated.We hope that we were able to address your concern.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to firstname.lastname@example.org or via text message (key in: Times dearpao and send to 2299)."
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"Woman wants to charge lover with concubinage"
was written by Mary
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comments. The article was created on 16 September 2021
and updated on 16 September 2021