Dear PAO,
What case can I file against my husband who has recently converted his religion to Islam?

I also found out that he is already cohabiting with another woman. Can I file a case for concubinage against him and this woman?
NM
 
Dear NM,
You cannot file a case against your husband just because he opted to change his religious affiliation. There is no law in the Philippines, which prohibits a person from doing so. On the contrary, every person has the liberty to decide which religion he wants to practice. In fact, Section 5, Article 3 of our 1987 Constitution guarantees the right of every person to the free exercise of religion, to wit:

“Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.”

As regards your second question, concubinage is defined as the crime committed by a 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 334, Revised Penal Code). Since your husband is already a Muslim, his cohabitation with another woman would constitute concubinage only if he is doing so without the benefit of marriage. Presidential Decree No. 1083 or the Code of Muslim Personal Laws of the Philippines allows a Muslim to have more than one wife but not more than four at a time provided he can deal with them with equal companionship and just treatment as enjoined by Islamic law. Hence, there is no concubinage if your husband has already married under Muslim law the woman with whom he is cohabiting. On the other hand, if they were not married, you may file a criminal complaint for concubinage against the two of them before the Prosecutor’s Office of the place where they are cohabiting and representing themselves as husband and wife. Note, however, that you will not be able to prosecute them for this crime if you have consented to the offense or have pardoned the offenders (Section 5, Rule 110, Rules of Court).

If you can successfully prove to the court the guilt of your husband and her mistress beyond reasonable doubt, your husband may be meted out the penalty of prision correccional in its minimum and medium periods. His mistress, on the other hand, shall suffer the penalty of destierro (Article 334, Revised Penal Code).

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.