• Identity of paramour needed in adultery complaint

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    Persida Acosta

    Persida Acosta

    Dear PAO,

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    I found out that my wife has a boyfriend. We had a big fight when I learned about this. The next day she ran away taking all the money in our safety box and some pieces of my jewelry. I am really mad about what she did and I want her to suffer in jail for cheating on me and getting all the valuables that I have mentioned. What case could I file against her and how do I start the process?            
    Mr. M.D.

    Dear Mr. M.D.,
    As to the infidelity of your wife, the pertinent provisions of Article 333 of the Revised Penal Code provides that “Adultery is committed by any married woman who shall have sexual intercourse with a man not her husband and by the man who has carnal knowledge of her, knowing her to be married, even if the marriage be subsequently declared void.” In order for a complaint for adultery to succeed, it is important that you know, first, the identity of your wife’s paramour and you should have pieces of evidence sufficient to prove that your wife had sexual intercourse with her paramour. A complaint for adultery is initiated by the filing of a complaint-affidavit or sinumpaang-salaysay ng pagrereklamo with the Office of the Prosecutor having jurisdiction of the place where the sexual intercourse was committed.

    A complaint for the crime of theft is likewise initiated by the filing of complaint-affidavit or sinumpaang-salaysay ng pagrereklamo with the Office of the Prosecutor having jurisdiction of the place where the personal property was stolen. However, you can only file a civil case and not a criminal complaint for theft against your wife for taking the money in the safety box and some pieces of your jewelry because Article 332 of the Revised Penal Code, states that “no criminal, but only civil liability shall result from the commission of the crime of theft, swindling, or malicious mischief committed or caused mutually by the following persons:

    Spouses, ascendants and descendants, or relatives by affinity in the same line;

    The widowed spouse with respect to the property which belonged to the deceased spouse before the same shall have passed into the possession of another; and

    Brothers and sisters and brothers-in-law and sisters-in-law, if living together. ”

    We hope that we have answered your queries. Our legal opinion may vary if other facts are stated 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 dearpao@manilatimes.net

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