Legal Question in Family Law in Philippines

concubinage/marital infidelity

my husband is cheating on me,,i found out thru texts, emails,numbers of sent texts from his mistress old mobile fone numbers, pictures together,he admitted to it,his mother knows about it, the mistress knows he is married, are these enough to press charges?what can i do,,im still very much hurt and angry.thanks


Asked on 4/08/08, 1:00 pm

3 Answers from Attorneys

Frederick de Borja DE BORJA LAMORENA AND DUANO LAW OFFICES

Re: concubinage/marital infidelity

You certainly have enough for an annulment, and probably (depending on an actual evaluation of the evidence) for concubinage. Good luck. Give them what they deserve. Don't get mad. Get even.

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Answered on 4/08/08, 9:18 pm
VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: concubinage/marital infidelity

Well what your husband has done can be a some form of marital infidelity. However, it is another thing to determine whether he committed concubinage to be criminally liable. The acts constituting concubinage are the following: Having sexual intercourse under scandalous circumstances with a women who is not his wife and Cohabiting with her in any other place. If you cannot prove any of these acts then I would say that you have no case for concubinage against your husband.

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Answered on 4/10/08, 2:16 am

Re: concubinage/marital infidelity

Greetings!

First I want to share the elements of concubinage (a crime committed by your husband and you can sue him for this crime)

ELEMENTS:

1. That the man must be married

2. That he committed any of the ff. acts:

a. Keeping a mistress in the conjugal dwelling.

b. Having sexual intercourse under scandalous circumstances with a women who is not his wife

c. Cohabiting with her in any other place

3. As regards to the woman, she must know him to be married.

Since all the elements are presents plus you have enough evidences,thus, you can file a case (concubinage)against your husband.

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Answered on 4/08/08, 1:18 pm


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