Can I file a case against the mistress of my husband? She, herself, is married and has full knowledge that my husband is married, but she still entered into a relationship with him. I want women who have relationships with married men to learn a lesson. Thank you.
The State highly values marriage. In order to protect it, the State punishes certain forms of infidelity as defined by our laws. Since you are the wife, you may file a case for concubinage against the mistress of your husband, provided that the elements of concubinage are present in their relationship. According to Article 334 of the Revised Penal Code (RPC), a husband who shall either keep a mistress in the conjugal dwelling, shall have sexual intercourse under scandalous circumstances with a woman who is not his wife, or shall cohabit with a woman who is not his wife in any other place, commits the crime of concubinage. In this case, both your husband and his concubine or mistress will be punished under the law. You cannot file a case for concubinage against the mistress without implicating your husband.
You also mentioned that the mistress is herself married. The RPC provides for a separate punishment for married women who shall have sexual intercourse with a man not her husband under the crime of adultery. In addition, the man may also be convicted for adultery if he has sexual intercourse with the woman even though he knows that the woman is married. While a complaint for concubinage may be filed by the wife, a complaint for adultery may be filed by the husband.
We hope that we were able to enlighten you on the matter. 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 firstname.lastname@example.org