• Husband who lives in with mistress liable for concubinage

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    dearpao

    Dear PAO,
    My husband and I have been married for 7 years now and we have two sons. We are not separated, though I am staying at my parents’ house since the school where my sons go to is much nearer there. I just learned that my husband is having an affair with another woman in our very own house. My sister-in-law even caught them inside our bedroom.

    Now, this woman is pregnant but they are living in a different house. I tried contacting my husband but he refuses to see me. I just want to know if I can file a case against them. Is it also possible to file a complaint for bigamy? He also neglects our children and refuses to give support. What can I do about this? I hope you can enlighten me.
    Vannessa

    Dear Vannessa,
    If you are certain that your husband is maintaining a relationship with another woman and they are living together in a different house, you may opt to file a criminal complaint for concubinage against him and his mistress because their acts constitute a violation of our criminal laws. As provided for under Article 334 of the Revised Penal Code, “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. x x x The concubine shall suffer the penalty of destierro.”

    You may likewise consider filing a complaint for violation of the provisions of Republic Act (R.A.) No. 9262, otherwise known as the “Anti-Violence Against Women and Their Children Act of 2004.” This law penalizes the commission of abusive acts against a woman and her child. Since your husband is neglecting his responsibilities and he refuses to provide support for you and your children, as you have mentioned in your letter, you have a cause of action against him. As provided for under Section 5, id, “The crime of violence against women and their children is committed through any of the following acts: x x x (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 or access to the woman’s child/children.” Your husband may suffer the penalty of prision mayor if found to be guilty of the aforementioned crime (Section 6 (f), id).

    As to your question relative to bigamy, please be informed that you cannot file a complaint for bigamy against your husband. Article 349 of the Revised Penal Code penalizes a 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. There is no showing that he and his mistress have already entered into a contract of marriage. What is only apparent from your letter is the fact that they are cohabiting with each other. Hence, a case for bigamy will not prosper.

    We hope that we were able to answer your queries. 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.

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    3 Comments

    1. I have the same story. My husband is working as a seafarer the same with mistress they met in the same ship where they work. Until I found out a month ago that the girl is pregnant with my husband. can I file a case against the Agency who handles their contract? or can I file a case concubinage to my husband since the girl is already pregnant and they do have a sexual intercourse while on their respective job on the same ship. Is it fall under the “sexual intercourse under scandalous circumstances”?

    2. She left the home first and took his kids. There is MORE to this story than her words. She abandoned her husband. Once abandoned, concubinage is moot.

    3. Gintong Lahi on

      Vannessa should not stay in her parent’s home regardless it is nearer to the kid’s school without clear arrangement made with her husband. Young couple who are separated willfully or willingly shall always experience this type of problem – that one of the couple may look for another partner – all for the sake of companionship or much more – sex.

      It may not sound too good but – TRUE!